Showing : 1541-1550 of 2875 Results

MADRAS HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Granted without disclosing reasons as to how Court came to conclusion that plaintiff has a prima facie case - Impugned order set aside and matter remitted back for decision afresh...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2007
Details
Specific Relief Act, 1963, Section 34, Specific Relief Act, 1963, Section 34-- Suit for declaration of title simpliciter not maintainable unless consequential relief is also prayed for i.e. relief of possession - In the instant case plaintiff also prayed for permanent injunction restraining defendant from interfering in the possession of plaintiff - Suit maintainable in the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Suit for specific performance - Restraining defendant from dispossessing plaintiff as possession is alleged to be delivered at the time of execution of agreement of sale - Only earnest money paid and sale deed yet to be registered - No prima facie case in favour of..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Bank guarantee - Enforcement - Grant or refusal of injunction to restrain the enforcement of a bank guarantee or a letter of credit summarized as : (i) While dealing with an application for injunction in the course of commercial dealings, and when an unconditional bank..........
BOMBAY HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - For grant of temporary injunction Court can refer to documents which are produced on record without formal proof - Court has to consider the material on record in its entirety - Affidavits which are filed on record have to be read in consonance with the pleadings of the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Specific Relief Act, 1963, Section 37, 38-- Suit for permanent injunction to protect possession - Plaintiff claiming to be in possession as tenant - Tenancy denied - Payment of rent - Mere payment of rent does not create tenancy - However, when execution of receipts is accepted then it is for the owner to explain why money was accepted and..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Specific Relief Act, 1963, Section 37-- Joint land - Suit for permanent injunction by co-sharer restraining the other co-sharer from raising construction over the suit property - Construction raised by defendant - Plaintiff not entitled to any relief - Co-sharer cannot raise construction so as to affect the rights of the other co-sharer..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Court Fees Act, 1870, Section 7(iv)(c), Article 1-- Suit for specific performance - Execution of subsequent sale deeds challenged - Declaration sought that the sale deeds in favour of other defendants illegal, null & void - Claimed decree of mandatory injunction to execute and register sale deed in favour of plaintiff - Case not covered u/s..........
RAJASTHAN HIGH COURT
Year of decision: 2007
Details
Specific Relief Act, 1963, Section 39-- Mandatory injunction - Construction raised inspite of undertaking given in a previous suit not to raise any construction - Mandatory injunction for removal of construction rightly granted...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Seeking relief of mandatory injunction - Subsequent events - Drain demolished inspite of ad interim injunction - Amendment allowed...........

Showing : 1541-1550 of 2875 Results