Showing : 11-20 of 24 Results

ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Hindu Minority and Guardianship Act, 1956, Section 6, 7, 25, Specific Relief Act, 1963, Section 41(h)- - Custody of minor child - Suit for mandatory injunction - Maintainability - Plaintiff-appellant neither applied u/s 7 of the Act for her appointment as guardian of minor nor u/s 25 for making an order for return of his custody - Suit for mandatory injunction filed for custody of minor - Held, S.41..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 41(4)-- Injunction suit - Alternative remedy - Remedy to file suit for specific performance of sale agreement accrued to the plaintiff - Plaintiff filed suit for injunction - Held, suit for injunction is barred u/s 41 (4) of the Act when equally efficacious remedy is available to the plaintiff to file..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Specific Relief Act, 1963, Section 41(h)-- Suit for permanent injunction - Not maintainable when plaintiff has an equally efficacious remedy available - Property which was subject matter of suit was ancestral and coparcenary property - Plaintiff could assert right over the property by filing a suit for partition - Plaintiff filed a suit..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Specific Relief Act, 1963, Section 41(h), Civil Procedure Code, 1908, Order 7, Rule 11-- Agreement to sell - Plot transferred in favour of third party on the directions of the one of the co-vendee to the agreement, without the consent of other co-vendee - Suit for declaration with consequential relief of mandatory injuction filed by co-vendee to the agreement against vendor, co-vendee..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1998
Details
Specific Relief Act, 1963, Section 41(h)-- Agreement of sale - Suit for permanent injunction - Not maintainable when efficacious relief of specific performance of agreement of sale is available...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1996
Details
Haryana Panchayati Raj Act, 1994, Section 51(5)-- Stay of order of suspension or removal-Duty of Government to see that remedy of appeal proves to be efficacious remedy-This can be possible only if Appellate Authority promptly considers request to hear appeal as also application for interim relief-By fixing specified dates for entertaining appeal..........
GUJARAT HIGH COURT
Year of decision: 1995
Details
Civil Procedure Code, 1908, Section 9, Specific Relief Act, 1963, Section 41(h)-- Interim injunction - Jurisdiction of civil Court - Civil Court is precluded from granting relief of injunction where suitor can obtain such relief when suitor has alternative efficacious remedy available to him for redressal of his grievance voiced in proceedings before it...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1990
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 41(h)-- Temporary injunction - Agreement to sell-Held, when equally efficacious remedy by suit of specific performance is available then suit for injunction restraining vendors from selling the property is not maintainable...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1988
Details
Specific Relief Act, 1963, Section 41(h), 38-- Agreement to sell - Suit for permanent injunction - Equally efficacious remedy of suit for specific performance available - Suit for permanent injunction is not maintainable...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1987
Details
Specific Relief Act, 1963, Section 41(h)-- Suit for mandatory injunction asking the defendant to execute the lease deed - maintainability - the provisions of S.41(h) Specific Relief Act debar the grant of injunction if there is any other efficacious remedy is available - suit for mandatory injunction is not competent and a proper remedy is..........

Showing : 11-20 of 24 Results