Showing : 121-130 of 245 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 1, Rule 9-- Suit for mandatory injunction - Necessary party - Non-joinder of - New dealer appointed by defendant No.3 has not been made party to the suit, although his interests would also be adversely affected if the suit is decreed - Held, suit is bad for no, joinder of the said dealer who is necessary..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Deficiency in Court fee - Plaintiff has not only sought relief of declaration but has also sought relief of mandatory injunction - Plaintiff under garb of suit for declaration and mandatory injunction, was seeking payment of bonds which were payable on demand - Hence, he was..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42-- Path allotted during consolidation proceedings - Respondent having made encroachment upon path, allottees filed suit for mandatory injunction which was decreed - Decree attained finality - Respondent filed petition u/s 42 of the Act alleging that allottees had entered into a compromise after..........
CALCUTTA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 6-- Pecuniary jurisdiction - Dispute relating adjustment of account - Plaintiff sought adjustment of Rs.18 lacs in account, by way of mandatory injunction - It amounts to seeking claim of Rs.18 lacs - Plaintiff wrongly valued suit as Rs.100/- for declaration and Rs.100/- of injunction, when actual..........
DELHI HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of second suit - Earlier suit filed for permanent and mandatory injunction and second suit for declaration, permanent injunction, recovery of possession and mesne profits - Earlier suit withdrawn but no liberty granted to file a fresh suit on the same cause of action - Plea that relief of..........
DELHI HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Subsequent suit - Bar U.O.2.R.2 CPC - Earlier suit for permanent and mandatory injunction praying that present petitioner be restrained from selling and using the property in question - Present suit has been filed by respondent No.1 for declaration, permanent injunction, recovery of possession and..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Public street-- Obstruction - Suit for declaration that suit property is a public rasta, for mandatory injunction for removal of structures and injunction from interfering with the use of the same - Suit filed for the benefit of himself and for the benefit of the residents of the locality in respect of usage of a..........
CHHATTISGARH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Limitation Act, 1963, Article 65-- Plaint - Amendment - Alternative relief of delivery of possession - Limitation - Suit for declaration, mandatory injunction and possession filed on 30.04.1979 - Foundational fact with regard to recovery of possession made throughout in the plaint - Part of suit property already stood attached u/s..........
DELHI HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - First suit and second suit are between the same parties - Issues which have arisen for decision are same - First and second suit were both suits for mandatory and permanent injunction seeking the same reliefs - Held, second suit is barred by the principle of res judicata...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 91(1)-- Encroachment of public street - Suit for mandatory/permanent injunction - Causing hardship to plaintiff in ingress and egress to his house situated alongside the street - Special damages caused to plaintiff on account thereof - Held, plaintiff has locus standi to file the suit independently of the..........

Showing : 121-130 of 245 Results