Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Section , Order 43, Rule 1(r) -- Temporary Injunction - Scope of interference in appeal - Appellate Court is required to interfere in order passed by the Trial Court on application under order 39 Rules 1 & 2 for temporary injunction when Trial Court acts arbitrarily, capriciously or perversely in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary Injunction - Suit for permanent injunction restraining defendants from raising construction on joint land - Plaintiff concealed factum of family partition between co-sharers - Has not approached the Court with clean hands - Not entitled to equitable relief of injunction...........
Civil Procedure Code, 1908, Order 10, Rule 1, 2 -- Plaint allegation - Admitted or denied - Power U.O.10.Rr.1, 2 cannot be exercised after framing of issues - Correct procedure after issues are framed is to move to provision of O.18 to record evidence in the case...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Extension of time - Grant of extension of time beyond 30 days is not automatic - It should be exercised with caution and for adequate reasons - Extension of time beyond 90 days of service of summons must be granted only based on a clear satisfaction of the justification for granting such extension -..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim order - Implementation - Police help - Final interim order can be got executed through police agency in exceptional circumstances by invoking the inherent powers in terms of S.151 of the Code...........
Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Power of attorney holder - In matters requiring personal knowledge, evidence cannot be adduced through a power of attorney...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Protection of Women From Domestic Violence Act, 2005, Section 17, 2(f) -- Right of wife to live in shared household - Husband not allowing wife to live in shared household - Wife trespassed into house - Husband threatening forcible dispossession - Wife filing suit for permanent injunction restraining husband from disturbing..........
Civil Procedure Code, 1908, Order 41, Rule 1 -- Receiver - Appointment - Receiver should not be appointed in suppression of bona fide possessor of property in controversy - Bona fides of possessor have to be presumed until contrary is established...........
Civil Procedure Code, 1908, Order 41, Rule 1 -- Receiver - Appointment - Partition suit - Merely showing case of adverse and conflicting claims to property is not sufficient - Plaintiff has to show some emergency or danger demanding immediate action and that person in possession has obtained it through fraud or force requiring interposition by Receiver for security of..........
Civil Procedure Code, 1908, Order 41, Rule 1 -- Receiver - Appointment - Cannot be equated with issuance of an order of injunction - In case of order for injunction prima facie case has to be shown but in case of appointment of receiver prima facie case is not sufficient - Plaintiff has to show that he has a very excellent chance of succeeding in suit...........
