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ANDHRA PRADESH HIGH COURT

Year of decision: 1995
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction -Plaintiff to prove that he is in possession - Plaintiff cannot rely upon the weakness and lacunae in the case of the defendant...........

KERALA HIGH COURT

Year of decision: 1995
Details

Civil Procedure Code, 1908, Section 151, Order 39, Rule 1(c) -- Defendant seeking injunction against plaintiff - When plaintiff threatens to dispossess the defendant or otherwise cause injury to him relating to any property in dispute in the suit -Provision of O.39.R.1(c) does not apply - However, Court can grant injunction in exercise of inherent powers...........

RAJASTHAN HIGH COURT

Year of decision: 1995
Details

Civil Procedure Code, 1908, Section 115, Order 39, Rule 1, 2 -- Restraining Improvement Trust from demolishing construction - Construction raised in violation of sanctioned plan - Trial Court refused injunction on ground that plaintiff has no prima facie case - In appeal, order of trial Court set aside and injunction granted restraining defendant from demolishing..........

RAJASTHAN HIGH COURT

Year of decision: 1995
Details

Civil Procedure Code, 1908, Section 115, Order 39, Rule 1, 2 -- Case not covered U.O.39.Rr.1, 2 - Trial Court can grant injunction in exercise of inherent powers...........

KARNATAKA HIGH COURT

Year of decision: 1995
Details

Civil Procedure Code, 1908, Order 1, Rule 1, Civil Procedure Code, 1908, Order 6, Rule 17 -- Necessary parties - Co-owners - One of several co-owners can recover possession from trespasser without impleading other co-owners - But for suit for declaration of title all co-owners are necessary parties and non-impleading of any one of them would be fatal defect which cannot be..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 1995
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Person not coming to Court with clean hands - Not entitled to discretionary relief of injunction:..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 1995
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction sought restraining Electricity Board from construction of 132 KV Grid Sub Station on the land used as playground and for holding annual fair and from interfering with the exclusive enjoyment of the land by the village community - Land leased to Board by State -Alternative land provided adjacently for playground..........

GAUHATI HIGH COURT

Year of decision: 1995
Details

Civil Procedure Code, 1908, Section 149, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 5, Rule 1 -- Deficient Court fee - Court allowed time for payment of deficient Court fee and also granted ad interim injunction - Grant of ad interim injunction will relate back to date on which it was granted as soon as deficit Court fee is paid - It cannot be said that on date..........

DELHI HIGH COURT

Year of decision: 1995
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising construction over a plot - Plot area 775 sq.yards - Claim of plaintiff on an area of 135 sq.yards - Held, defendants can raise construction leaving aside an area of 135 sq.yards at their own risk and subject to final decision of the suit...........

SUPREME COURT OF INDIA

Year of decision: 1995
Details

Civil Procedure Code, 1908, Order 16, Rule 1, 1-A -- Delay in filing list of witnesses - Bona fide mistake pleaded - Trial yet to begin - Trial Court refusing to receive list for summoning the witnesses - Held, trial Court committed illegality in refusing to receive list...........

Showing : 4061-4070 of 4739 Results