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PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 39, 41(h)-- Suit for mandatory injunction - When efficacious remedy in the form of suit for recovery is available then filing of suit for mandatory injunction is hit by S.41(h) of Specific Relief Act...........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Injunction suit restraining defendants from disconnecting electric and water supply - Contention that suit is barred as plaintiff had an efficacious remedy of appearing before concerned authority - Contention rejected, as apart from fact that relief of injunction cannot be..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 3, 20-- Maintenance - Even assuming that appellant is not the legally wedded wife and therefore not entitled to maintenance u/s 125 Cr.P.C. has efficacious remedy to seek maintenance under the provisions of Domestic Violence Act as victim i.e. estranged wife or live-i, partner would be entitled to more..........
HYDERABAD HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 20-- Agreement to sell - Specific performance - Former suit for injunction dismissed on technical ground that an agreement to sell can only be sued as a protective shield but not as a sword to file injunction and plaintiff has to seek alternative and efficacious relief of specific performance -..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Constitution of India, 1950, Article 226-- Remedy under Art.226 of the Constitution - Multiple proceedings - A party having several remedies for the same cause of action, must elect his remedy and cannot be permitted to indulge in multiplicity of actions - In the instant case High Court declined to interfere as appellant was pursuing..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Constitution of India, 1950, Article 226, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17-- Initiation of recovery proceedings - Writ petition - Maintainability - Petitioners have more effective and efficacious remedy available to them u/s 17 of the Act - Hence, no relief can be granted to petitioners in exercise of writ jurisdiction - Writ petition not maintainable...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 41(h)-- Suit for injunction filed when remedy of filing suit for specific performance was available - When an equally efficacious relief can be obtained by any other usual mode, an injunction shall be refused - Dismissal of suit by first appellate Court calls for no interference...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Specific Relief Act, 1963, Section 41-- Injunction - When plaintiff can claim an efficacious relief of specific performance, Court shall not grant injunction based on agreement of sale...........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 39, 40, 41(h)-- Perpetual injunction - Cannot be granted when equally efficacious relief can be obtained by any other usual mode of proceeding...........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 39, Rule 1,2, Specific Relief Act, 1963, Section 41(h)-- Temporary injunction - Suit for injunction not maintainable when plaintiff had equally efficacious remedy to seek specific performance but has not sought the said relief - Held, if suit for permanent injunction itself is not maintainable, then question of granting temporary injunction would not..........

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