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RAJASTHAN HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Status quo order - A party in possession is not at all aggrieved from the order of status quo as that party will continue to enjoy the peaceful possession of the property in dispute - No illegality or perversity in the impugned order...........

RAJASTHAN HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Order of status quo - Dispute as to which party is in possession - Question as to whether family settlement is a forged one or not is a matter of evidence - Criminal cases pending between the parties - By passing order of status quo trial Court has also ensured that no untoward incident occurs..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Court Fees Act, 1870, Section 7(iv)(c), Civil Procedure Code, 1908, Order 7, Rule 11 -- Court fee - Suit for declaration that sale deed executed by defendant No.1 in favour of defendant No.2 is invalid - Held, if non executant of the sale deed under challenge is in possession of the property and sues for declaration that the sale deed is null and void, such plaintiff has..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining tenant from interfering in any manner in construction work to be raised on first and second floor of premises - Defendant a tenant on the ground floor - There was no agreement that landlord will not construct first and second floor - Tenant does not have any right over the terrace of the..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration that sale deed is not null and void - Plaintiff not a party to the sale deed - Plaintiff not seeking possession - Plaintiff not required to pay ad-valorem court - Order dismissing application U.O.7.R.11 CPC, upheld...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Court Fees Act, 1870, Section 7(iv)(c) -- Court fee - Sale deed - Challenged as null and void - Plaintiff when not a party to the sale deed and also not seeking possession, is not required to pay ad-valorem court fee but where the plaintiff is seeking cancellation of sale deed along with consequential relief of possession, he is required to pay ad-valorem court fee...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Tenant cannot be evicted except under due process by law by State Financial Corporation while proceeding under S.29 of State Financial Corporation Act, 1951 - Tenant can be evicted in accordance with law by owner or owner who may subsequently come in. (State Financial Corporations Act, 1951, S.29)...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Court Fees Act, 1870, Section 7(iv)(c), Civil Procedure Code, 1908, Order 7, Rule 11 -- Court fee - Suit for declaration that sale deed executed by defendants is invalid - Plaintiff not a party to the sale deed and only seeking declaration being already in possession - So far as alternative prayer for possession is concerned, it is a contingent event that in case plaintiff..........

ORISSA HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Section 10 -- Stay of suit u/s 10 of the Act - Jurisdiction of Court to decide ad interim injunction application - Trial Court should not proceed with interim application if interim prayer touches the merit of suit or issues raised in the suit in any manner...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Land given to plaintiff by Municipal Council on Teh Bazari for construction of shop - Plaintiff filed suit for permanent injunction claiming himself to be statutory tenant - Provisions of Rent Act not applicable as per notification dated 3.6.1959 to building and rented land belonging to Municipal..........

Showing : 331-340 of 736 Results