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PLRonline.in

Specific Relief Act, S. 55 - Licencee - Once a licencee always a licensee would apply to all kinds of licenses and that it cannot be said that the moment the licence is terminated, the licensee’s possession becomes that of a trespasser - Where a suit is filed with promptitude against a licensee whose license is terminated, a Suit for mandatory injunction is maintainable

MVA S. 166 - Evidence - Where the owner and driver of tractor failed to produce the original or certified copy of the insurance policy, the Tribunal should have drawn an adverse inference against them - Insurance Company not liable.

CPC O. 7 R. 11 – Suit valuation – Raised through application under Order 7 Rule 11 CPC at the stage of cross-examination of the plaintiff – Application rightly rejected by the Trial Court.

in CPC

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CPC O. 6 R. 17 – Merely introducing a declaratory relief through the proposed amendment does not alter the nature of the suit. [ID 487774]

CPC O. 39 R. 1 and 2 – Injunction restraining the petitioner from interfering with the respondent’s possession upheld. Petitioner’s claim of purchasing a share from a co-sharer rejected due to lack of evidence of possession by the co-sharer or the petitioner. Undivided shares can be sold but possession requires partition by metes and bounds. Injunction properly granted; petition dismissed. [ID 213901]

CPC O. 39 R. 1 & 2 – Injunction is an equitable relief – “He who seeks equity, must do equity’ – In the facts and circumstances of the case, it appears that the plaintiff has not come to the Court with clean hands and as such, no prima facie case is made out in his favour. [PLRonline 459764]

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