...beneficiary is the plaintiff, the wrongdoer is the main defendant and the bare trustee is a proforma defendant. In such circumstances we see no difficulty whatsoever in passing a decree in favour ...dated the 6th August, 1951 issued by the plaintiff against risk of loss or damage whilst being conveyed by train or other conveyance including risks of theft, pilferage and non-delivery. Having regard...to the shortage certificate, the plaintiff, as insurer of the goods, paid to the defendant No. 2 the value of the goods short delivered amounting to Rs. 32627.II/-. On the 2nd Au...

..., the defendant carted away some of the soil so thrown out by the plaintiff.5. In an action brought by the plaintiff it was held that he had a sufficient possessory title to ...of ore that might be discovered and would have thrown away the soil. Nevertheless it was held that inasmuch as the plaintiff by permission of the owner was at liberty to examine the soil for the p...own name. In the case of 1927 All 633 , decided by a learned Judge of this Court it was assumed that the right of the plaintiff was...

...acknowledged the said amount by issuing separate receipt dated 16.05.2000 It is also submitted that the plaintiff along with Ashok Kumar and Raja Ram had also approached Harish Chand in respect of the said portion ...RAKESH KUMAR JAIN, J.The plaintiff is in revision against the orders of the Courts below by which the application filed by him for temporary injunction has been dismissed....The plaintiff filed the suit for permanent injunction alleging that he is in exclusive actual physical cultivating possession of the land in dispute as one of the co-sharers/co-owners to...

..., (1969) 3 SCC 129, the Court recognized the right of the plaintiff to such declaration of title and for an injunction. Section 9 of the Spec...from interfering in the possession or for restoration of possession in case of illegal dispossession by a defendant whose title has been extinguished by virtue of the plaintiff remaining in the...such a plea cannot be used as a sword by a plaintiff to protect the possession of immovable property or to recover it in case of dispossession. Whether he is remediless in such a case? In case a...

..., corresponding to Section 15 of Act XIV of 1859, is in no way inconsistent with the position that as against a wrong-doer prior possession of the plaintiff in an action of ejectment is sufficient title even if ...evidence of right as owner, as against a person who had no title whatever and that the plaintiff was entitled to obtain a declaratory decree and an injunction restraining the wrongdoer from interfering...1. The facts found by the lower appellate Court and which in Second Appeal we have to accept are, that the uncle of the plaintiff, one Jayachar, was in possession of the site mentioned...

...boarding and lodging from her father is no ground to disallow the claim for loss of free boarding and lodging. On the principle that the wrongdoer must recompense a plaintiff for all the damages w...consideration in awarding the special damages payable by the wrongdoer. Denning, J. observed that a wrongdoer is not to be allowed to reduce damages by the fact that other persons have made up to ...wages and that in point of law the plaintiff should have his wages paid by the wrongdoer as he has lost the same. It is also observed that, the plaintiff was under a moral obligation to r...

...the question of the legal right of the provider to recover from the plaintiff. That may depend on the nature of the liability imposed by the general law or the particula...advantages:—“14. Counsel for the defendant's first proposition is that a plaintiff cannot succeed in a claim in relation to some one else loss unless the plaintiff is under a legal...liability to reimburse that other person. The plaintiff, he says, was not under legal liability to reimburse his mother. A moral obligation is not enough. Councel for the defendant's second proposition...

...opinion a wrongdoer and the plaintiff had a right to damages, as against him, the measure of which would, under ordinary circumstances, where the fair price has been realized and such as subsist here, be...Straight and Brodhurst, JJ.:— This was a suit for damager brought by the plaintiff-respondent against the defendant-appellant under the following circumstances. On the 13th June, 1884, one..., the entire demand of the bond, shall have been paid.” On the 5th November, 1884, the amount of the bond not having been paid, the plaintiff brought a suit against Deoki Prasad for recov...

...restrained the defendant-respondent from forcibly dispossessing the plaintiff-petitioner. The defendant is a wrongdoer and he cannot be rewarded for his wrong act. The finding of both the...K.C Puri, J.Arvind Kumar - plaintiff-appellant, now petitioner, has preferred the revision petition under...by Additional Civil Judge (Senior Division), Faridabad.Briefly resume of the case is that plaintiff-petitioner filed a suit for permanent injunction restraining the defendant from...

.... Whether the plaintiff has no cause of action against the defendant, as alleged?...OPD 8. Whether the ...the judgment and decree dated 22.08.2022, passed by learned Civil Judge, Court No.3, Shimla, Himachal Pradesh, in Civil Suit No.9009131 of 2013. 2. The plaintiff had instituted a...to Himachal Pradesh, read with Order 7 Rules 1 & 2 and Section 26 of the Code of Civil Procedure. The plaintiff also sought a...

...consist is the acquisition of property or its proceeds or value. Where there is nothing among the assets of the deceased that in law or in equity belongs to the plaintiff and the damages which hav...action, though arising out of a wrongful act, does not the with the person. The property or the proceeds or value which in the lifetime of the wrongdoer could have been recovered Iron him...after his death to his assets and re-captured by the rightful owner there. But it is not every wrongful act by which a wrongdoer indirectly benefits that falls under this head, if the benefit does not...

...133, the property when it was injured was not in actual custody of the plaintiff. It was in the custody of the wrongdoer namely the defendants 1, 3 and 4 although I fail to see h...rains, Rs. 150/- as expenses in connection with a criminal complaint filed by the plaintiff against the defendants namely his own landlord, that is the principal tenant and against the primary...salt-bags the rest of the claim was untenable. 4. The plaintiff now has come up in second appeal. 5. Mr. Bharucha for the plaintiff contended that the cl...

...:“29. In all three types of subrogation, the insurer can sue the wrongdoer in the name of the assured. This means that the insurer requests the assured to fi..., the insurer can obtain a special power of attorney from the assured and then to sue the wrongdoer in the name of the assured as his attorney...insurer is not a “consumer”, nor a person who answers the definition of “complainant” under the Act. The fact that it seeks to recover from the wrongdoer (service provider) only the amount paid to...

...case, it was held that in all three types of subrogation, the insurer can sue the wrongdoer in the name of the assured, meaning thereby that either the assured has joined as a co-...insurer either through a Power of Attorney duly executed in its favour by the assured or by impleading the assured as co-plaintiff. Counsel laid emphasis on para 15.3 of the said judgment of the Apex Court...to fortify his said submission. Inviting attention of this Court to the plaint from the Trial Court records, the counsel pointed out that in the plaint although the assured was impleaded as ...

...thereunder and his plan had been duly sanctioned. He claimed that since the plaintiff himself was wrongdoer, he was not entitled to any discretionary or equitable relief...Satyen Vaidya, J.:— Plaintiff having lost in both the Courts has approached this Court under Section 100 of the Code of Civil Procedure. 2.... Plaintiff filed a suit for permanent prohibitory and mandatory injunctions against defendants seeking following reliefs:— “a) That the defendant be restrained from...

...:“Section 9 of the Specific Relief Act is in no way inconsistent with the position that as against a wrongdoer, prior posses...of the plaintiff and for recovery of possession. In the case of Nair Service Society Ltd. v. K.C Alexandar. AIR 1968 SC...Section 9 of the Specific Relief Act is utilised the plaintiff need not prove title and the title of the defendant does no...

...proof of accident raises the presumption of negligence unless rebutted by the wrongdoer.v. In some cases considerable hardship is caused to the plaintiff as the true cause of ...summarized as under:i. Res ipsa loquitur means that the accident speaks for itself. In such cases, it is sufficient for the plaintiff to prove the accident and nothing more.ii...is not known to him, but is solely within the knowledge of the defendant who caused it, the plaintiff can prove the accident, but cannot prove how it happened to establish negligence. This hardship is...

...C.P. 547 settled the point that after recovering judgment against one wrongdoer, a plaintiff cannot sue the other for the same matter, even if the first action remains unsatisfied a proposition wh...1. This appeal arises out of a final decree determining mesne profits. The proceedings followed a decree for possession with mesne profits in favour of the plaintiff and against a very...large number of defendants who belong to two classes, viz., the landlord-defendants and the tenant-defendants. The. plaintiff has appealed, but some of the defendants of the latter class are not b...

...wrongful act of a third party, who acts irresponsibly or unlawfully, intervenes as a New force between the negligent act of the original wrongdoer and the injury to the plaintiff, the ele...as a probable consequence of the initial wrong doing. However, when a conscious act of human volition intervenes, the degree of likelihood required to make the first wrongdoer liable in much higher, at...1. The appellants are the parents of a boy, aged about 16, who met with a fatal accident on March 3, 1985 at about 8-30 A.M. on the Palampur Lahla Road near village Gharthoon, Tehsil...