Tuesday, December 13, 2016

Courts cannot grant relief not prayed for

Cases:
Bharat Amratlal Kothari vs Dosukhan Samadkhan Sindhi, AIR 2010 SC 475,
Krishna Priya Vs University of Lucknow (1984) 1 SCC 307
Courts cannot, ignoring and keeping aside the norms and principles governing grant of relief, grant relief not even prayed for by the party.

Om Prakash vs Ram Kumar (1991) 1 SCC 441: A party cannot be granted a relief which is not claimed, if the circumstances of the case are such that the granting of such  relief would result in serious prejudice to the interested party.

General Motors (India) Pvt ltd Vs Ashok Ramnik Lal Tolat (2015) 1 SCC 429: The order of the NCDRC in granting punitive damages to the complainant therein was set aside on the ground that such relief was neither sought in the complaint nor before the state commission.

Sahara India Commercial corporation ltd vs Mukamala Natraja Rao IV (2014) CPJ 172 (NC): A direction to hand over maintenance and control over the common facilities was held to be beyond the relief sought in the pleadings of the complaint.

The Computeronics International Limitrd vs Infinite Computer Solu Pvt Ltd & Ors 2007 (34) PTC 189 (Del) & K.P.M. Aboodbucker vs K. Kunhamoo AIR 1985 Mad 587:
Where no relief could be granted to a party in the main suit itself, it is not permissible to grant any interim relief, to be operative till the disposal of the matter.

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