2019 SCeJournal 191
CPC 1908, (V of 1908) S. 100 - Substantial question of law - Specific performance - Interpretation of any terms and conditions of a document/agreement constitutes a substantial question of law within the meaning of Section 100 of the Code, more so when both the parties admit the document - High Court should have first framed appropriate substantial question(s) arising in the case especially on the questions in relation to the true intent, rights and obligations arising from Clauses of the agreement in the context of pleadings and the reversing findings of the two Courts below and then should have called upon the respondents to reply to the questions framed keeping in view its jurisdiction under Section 100(5) of the Code and its proviso - High Court also could have framed questions on the issues, which are material for grant or refusal of specific performance, pleadings of the parties, and the reversing findings of the two Courts below on such issues with a view to find out as to which finding is more preferable - Specific Relief Act, Section 16.
PLR - SUPREME COURT E@journal
- Reports through Email / WhatsApp
- consolidated PDF books of 1000 pages (compilation of daily reports)
- Full text with Headnotes
Annual subscription Rs. 1000/- only ( special price)
From : PUNJAB LAW REPORTER .... reporting since 1900
May be paid by Cheque, DD or bank Transfer.
Name: PUNJAB LAW REPORTER ADDRESS: 232 SECTOR 19A,CHANDIGARH
BANK: BANK OF INDIA / ACC NO. 620020100023058 / Bank Add: Sector 17, Chandigarh / IFSC: BKID0006200
Please fill in details... https://www.plronline.in/subscribe/