Showing : 1481-1490 of 2921 Results

BOMBAY HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Restraining defendants from obstruction made by them - Plaintiff prima facie established his right in the property whereas defendants have non - Defendant parking their vehicles in the suit property but had no right to object to the construction made by plaintiff - Plaintiff..........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Delay and laches - Defendants filed two suits and plaintiff strongly contested both the suits - Plaintiff did not feel it necessary to file the suit until plaintiff found that his possession was frequently disturbed - Defendant also filed an injunction application against..........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Refusal - Appeal - Appellate Court is not supposed to interfere with the discretion exercised by trial Court - Trial Court itself held that plaintiff has prima facie case but declined injunction on ground of delay and laches - There was no delay or laches - Interference with..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Police aid - Obedience of order of injunction - In a fit case court can grant police aid as a preventive measure for ensuring obedience of order of injunction instead of waiting till injunction is breached, even though action can be taken against the party flouting the order..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Suit for mandatory injunction - Trench/khai alleged to be dug up near/adjacent to the northern wall - Amendment sought that it was towards eastern wall - It was a typographical mistake - Suit fixed for filing replication and framing of issues - Amendment allowed...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Suit for mandatory injunction - Amendment sought to claim relief of damages as due to digging up trench/Khai cracks have appeared on the wall - Amendment allowed...........
KERALA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Sought to change description of suit property in a suit for permanent injunction - Can be allowed at any stage before judgment is pronounced - No valuable right accrues to the defendant due to boundary description and there is no admission which is sought to be taken away -..........
ALLAHABAD HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Suit for cancellation of sale deed - Plaintiff dispossessed during pendency of suit - Amendment sought to claim relief of mandatory injunction - As plaintiff was dispossessed during pendency of suit as such amendment was necessary - Nature of suit is not changed by the..........
RAJASTHAN HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 152-- Decree - Amendment - Order passed in an application for violation and breach of injunction whereby order of imprisonment and restoration of possession set aside - Held, this order does not go to the benefit of J.D. - Decree passed for restoration of possession needs no amendment...........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 16, Rule 1, Civil Procedure Code, 1908, Section , Order 18, Rule 4-- Examination of summoned witness - Suit for permanent injunction dismissed by Lower Appellate Court by ignoring evidence of plaintiff as well as defendants recorded in examination-in-chief by way of affidavits - Judgment and decree of Lower Appellate Court set aside - Held, when summons are issued,..........

Showing : 1481-1490 of 2921 Results