Bench: S.B. Sinha
JUDGMENT
S.B. Sinha, J.
Whether a conditional decree based on purported admission can be passed under Chapter XIIIA ... specifically stated as to whether leave to defendant had been granted either conditionally or unconditionally as regard a part of the plaintiffs claim. However, keeping
agreement for mortgate by way of conditional sale?
5. Is the plaintiff entitled to get a decree of specific performance of contract ... enforce specific performance, the Court may properly exercise discretion not to decree specific performance. What would or would not be inequitable would depend upon
dispute to the arbitration is wholly without jurisdiction; (5) as no decree for specific performance of contract can be granted in relation to a development ... said purported development agreement contains several conditions, supervision in respect whereof by the Court would be impossible, no decree for specific performance of such agreement
Sudera for passing a decree under Chapter XIIIA of the Original Side Rules for a summary decree. The second application was made by Jute Corporation ... shall forthwith restore the air-conditioning facilities to Jute Corporation. This order shall be subject to the judgment and decree which may ultimately be passed
said application inter alia were as follows :
a) Judgment and decree for eviction be passed in respect of the suit premises as described fully ... July 18,1975 ending in July 17, 1995 on the terms and conditions contained therein at a monthly rent of Rs. 4200/-.
8. Affidavits
order under appeal before the said Division Bench had granted conditional leave to defend the suit in terms of Order 37 Rule ... appealable because by refusing leave to defend or by granting conditional leave to defend under Order 37, it did not necessarily mean that the plaintiff
full particulars whereof are set out in annexure 'E'.
(c) Decree for damages and/or mesne profits at the rate ... said premises by the defendant and decree for the sum found due thereupon.
(f) Decree for Rs. 12,49,295.04 P. towards municipal rates
decreed by a judgment and decree dated 31.3.1962. An appeal taken against the said Judgment and decree was dismissed by an order dated ... supplementary agreement was executed though Sri Arindam Ghosh whereby certain terms and conditions of agreement were varied. Balai Chand Ghosh died on 16.8.80 leaving behing
Courts Act defines Civil Contempt to mean wilful disobedience of any judgment, decree, direction, order, writ or other process of a court of wilful breaches ... court.
18. The order passed by the division bench is hedged with conditions. If such conditions have not been fulfilled, it cannot be said that
exercise of its original or appellate jurisdiction; but where a decree is appealed from, any error, defect or irregularity in any order, affecting the decision ... orders passed by a Court or Tribunal. Such appeals may also be conditional ones. Even an appeal may be maintainable at the instance
