Showing : 1-10 of 10 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Agreement to sell - Possession in pursuance of agreement to sell - Plaintiff in possession on the date of institution of suit - However, during pendency of suit plaintiff dispossessed - Defendant directed to hand over possession of suit property to plaintiff - Plaintiff..........
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 -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement to seek alternative plea of adverse possession - Suit for possession and permanent injunction - Destructive plea of adverse possession by way of amendment can be taken - No doubt, objection can be taken by plaintiff at first instance, but still cannot be said to be..........
KARNATKA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 1-- Temporary injunction - Defendant can seek temporary injunction in a suit filed by plaintiff only U.O.39.R.1(a) - However, defendant cannot maintain an application U.O.39.R.1(b) and (c) CPC at all, irrespective of the fact that his right to such relief arises either from the same cause of action or..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 37, 38-- Injunction - Trespasser can seek injunction against the true owner, only if the trespasser is in peaceful, lawful and established long possession without any concealment from the true owner - On the basis of a stray entry regarding possession in Khasra Girdawri for the year 1975-76 plaintiff..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 23, Rule 3-- Withdrawal of suit - At appellate stage - Suit dismissed by holding that mere suit for injunction is not maintainable as the plaintiff was also required to seek declaration as well - Held, dismissal of suit by holding the suit is not maintainable for want of seeking another prayer is a formal..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Suit for permanent injunction - Amendment of plaint to seek relief of title - Plaintiff could file a fresh suit for the relief claimed by way of amendment - By allowing amendment multiplicity of proceedings can be avoided - Amendment allowed...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 38-- Injunction - Restraining defendant from transferring an area more than his share - Plaintiff claiming himself to be co-sharer - Defendant claiming exclusive possession as owner on the basis of oral partition which took place between him and father of the plaintiff - Revenue record still reflecting..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Haryana Urban Development Authority Act, 1977, Section 15, Haryana Urban Development (Disposal of Land and Buildings) Regulations, 1978-- Promissory Estoppel - Land acquired - Land in possession of tenanats, running business - Allotment of alternate site - Representations to HUDA for providing alternative site - Resolution passed by HUDA to allot alternative site at reserve price - Resolution revoked subsequently - Suit by tenants..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction in favour of defendant in a suit filed by plaintiff - Order of status quo on application by defendant in counter - claim filed alongwith written statement - Lease period had come to end - No claim could be made after expiry of lease period - Loss suffered by defendant can be..........

Showing : 1-10 of 10 Results