Court Fees Act, 1870, Section 7(v)(II), 7(iv)(B) -- Termination of licence - Suit for mandatory injunction - Plaintiff acted promptly in instituting the suit - Suit for mandatory injunction would be maintainable - Fixed Court fee paid by plaintiff is correct and proper...........
Specific Relief Act, 1963, Section 34 -- Proviso, 42 - Suit for declaration - Plaintiff not in possession - Suit for declaration without seeking relief of possession is not maintainable - Dismissal of suit without affording an opportunity to plaintiff to amend plaint to seek consequential relief, held, not proper - Impugned judgment and decree passed by Courts below set..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration for correction of date of birth - Suit for bare declaration, without any consequential relief is maintainable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Seeking relief restraining defendant from transferring, alienating, mortgaging, creating gift or any right in changing nature of suit land - These are not distinct prayers as all such prayers are related to each other and filing single application for all said reliefs is maintainable...........
Civil Procedure Code, 1908, Section 9, Punjab Village Common Lands (Regulation) Act, 1961, Section 13(b), Punjab Land Revenue Act, 1887, Section 45 -- Jurisdiction of civil Court - Suit for declaration challenging mutation entry being wrong, illegal, void and nullity and not binding on the rights of plaintiffs/proprietors of the village - It is S.13-B of Act of 1961 which..........
Civil suit and criminal proceedings -- Forgery or cheating - Civil suit filed alleging gift deed fraudulent and not binding and cancellation of gift deed - Civil Court cannot punish accused for criminal offence of forgery, cheating etc. - Though both the proceedings arise from the same action but both relate to different aspects - Both civil suit and criminal proceedings..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction simplicitor - Without seeking relief of declaration regarding title/ownership would not be maintainable, if dispute of title/ownership is in issue...........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Suit for mandatory injunction for seeking possession from a licensee or an unauthorized occupant is maintainable...........
Suit for possession and mandatory injunction -- Plaintiff failed to show from record that it has any right, title or interest in suit land - There is no title deed or revenue record forthcoming - Plaintiff thus, cannot seek possession or seek mandatory injunction against defendants qua same - More so, plaintiff has also not been able to show how suit was maintainable in..........
Civil Procedure Code, 1908, Section 9, Maharashtra Housing and Area Development Act, 1976, Section 71, 177 -- Jurisdiction of civil Court - Plaintiff instituted suit for injunction as her easements were infringed by illegal construction which defendant had erected on the open space - Relief claimed in the suit beyond scope of Act of 1976 - Suit is maintainable before civil..........
