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Sunday, May 22, 2011

Damages--Malicious Prosecution--Suit for damages--Damages assessed, were for expenses incurred, as well as for mental agony suffered by plaintiff/respondents

2010(2) LAW HERALD (P&H) 1442
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Vinod K. Sharma
R.S.A. No. 1785 of 2010 (O&M)
Gurmukh Singh & Anr.
v.
Bhagat Singh & Ors.
{Decided on 10/05/2010}
For the Appellants: Mr. G.S. Jaswal, Advocate.
Damages--Malicious Prosecution--Suit for damages--Damages assessed, were for expenses incurred, as well as for mental agony suffered by plaintiff/respondents--It was not possible for plaintiff/respondents to lead evidence showing positive damage suffered due to mental agony--Therefore, for the mental agony there was no alternative with learned Courts, but assess damages on guess work, keeping in view status of the parties, and agony suffered--No interference. (Para 9)

Specific Relief Act, 1963, S.38--Permanent Injunction--Possession--Agreement to sell--Two Agreements to sell

- 2010(2) LAW HERALD (P&H) 1441
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Mahesh Grover
R.S.A.No.1827 of 2010 (O&M)
Magh Singh
v.
Balvir Singh & Ors.
{Decided on 13/05/2010}
For the Appellant: Mr. R.V.S. Chugh, Advocate.
Specific Relief Act, 1963, S.38--Permanent Injunction--Possession--Agreement to sell--Two Agreements to sell do not contain a recital regarding handing over of possession to appellant--No other material to show that possession was ever with appellant--Suit for permanent injunction for possession of land on basis of two agreements to sell rightly dismissed. (Para 7)