Long possession of property does not entitle to protection from dispossession

Sep
1
2017


The Delhi High Court in Krishan Lal vs. Union of India and Ors. decided on08.08.2017 following the judgment of the Hon’ble Supreme Court in the case of Behram Tejani and Others v.




Consequences of non- compliance of an order, cannot be avoided on the ground that order was void or a nullity unless declared so #indianlaws

Apr
3
2016


In the context of breach of an interim order, the order can be void or nullity but, the consequences flowing from its non­ compliance or breach cannot be avoided by the party by advancing the plea that such order is void or nullity. In case when objection to the jurisdiction of the Court is raised and later on it is upheld even then, interim order passed therein by the Court does not become vulnerable or bad only on that ground. In case where objection is raised, it would be more proper if the objection of the jurisdiction is decided first. But if the Court happens to pass the order before deciding that, the prior interim order would not lose its efficacy only on that ground. The party cannot avoid consequence flowing or breach merely because the order is subsequently vacated in appeal. Void order has to be so declared. The party has to approach the Court for seeking such declaration 




Court while dealing with prayer of vacation of interim injunction cannot decide the main controversy in issue #indianlaws

Aug
21
2014


Court while dealing with prayer of vacation of interim injunction cannot decide the main controversy in issue




Injunction on Invocation of bank guarantees #indianlaws

Mar
2
2014


The Courts, thus, should, be slow in putting a restrain in realizing such a bank guarantee.




What is the fate of an agreement to sell executed in violation of the injunction order?

Oct
31
2013


Merely because property in relation to which agreement was entered upon is no longer subject to any order of restrain, party seeking specific performance does not automatically becomes entitled to such relief.








© 2010-15