Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo - Order of - Court not to pass order of status quo without indicating as to what was the status quo...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Eviction - Bona fide requirement - Landlady did not depose as her own witness - Statement of attorney is not sufficient to order eviction on ground of personal necessity...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Prima facie case - Does not mean an iron cast case with cent per cent chances of success - Injunction is to be granted where serious question is to be tried - Denial of interim relief to cause prejudice to plaintiff who will suffer penalties imposed by apparently illegal order - Interim injunction..........
Benami Transactions (Prohibition) Act, 1988, Section 1 -- Benami property (Prior to enactment of Act of 1988) - Land in the name of wife - Sold by husband after her death - Suit for possession by one of the legal heirs of deceased wife - Ownership of wife claimed - Husband asserted that wife benami owner - Wife had no independant source of income - Land purchased by..........
Benami Transactions (Prohibition) Act, 1988, Section 1 -- Plea of Benami raised prior to commencement of Act - Provisions of Act not applicable - Inconsequential - Issue with respect to ownership of suit property - Onus on plaintiff to prove ownership of benamidar...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - Necessary party - If a person has a right or interest in the subject matter of suit then such a person is a necessary party...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of party - Suit for specific performance - A co-owner is not a necessary party...........
Specific Relief Act, 1963, Section 19, Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit for specific performance - Necessary & proper parties - Agreement to sell - Strangers to the agreement making a claim adverse to the title of vendor - Claiming themselves to be co-owners of the contracted property - Neither necessary nor proper party. Panne Khushali's case AIR 1976..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Suit for specific performance of agreement - Whether a person who is not party to agreement to sell and claiming to be joint owner of suit property, proper and necessary party to the suit. Held - No. Krishan Lal's case 1986 PLJ 629 relied...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary Injunction - Suit for permanent injunction restraining defendants from raising construction on joint land - Defendants purchased land in 1993 - Defendant in exclusive possession of suit land - Obtained licence from competent authority for developing colony - Constructed hundreds of residential flats and other..........
