Court Fees Act, 1870, Section 7 -- Court Fee - Suit for permanent injunction - Restraining defendant from transferring Hot Mix Plant and other machinery - Prayer made is only for simple permanent injunction - It does not contain any prayer for passing decree for specific performance of contract or for accounting - Maximum Court fee of Rs.500 leviable on a suit for..........
Civil Procedure Code, 1908, Order 21, Rule 32(1) -- Execution - Decree of injunction - Order of arrest - Provision of O.21.R.32(1) CPC is penal in nature and decree holder has to prove the existence of ingredients of the provision with cogent and convincing evidence - Executing Court however erroneously thrown burden on Judgment debtor completely - Order of arrest cannot..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Ad interim injunction - Ex parte - Grant of - Granted after 40 days of filing of suit - Writ petition challenging order filed after 130 days - Clearly demonstrates that there was no grave urgency in granting ex parte injunction order...........
Civil Procedure Code, 1908, Order 39, 2A -- Interim injunction - Disobedience - Prima facie no case is made out against defendants to the subjective satisfaction of Court that defendants deliberately and willfully mentioned the alleged MoU in the petition to vacate interim stay and thereby violating the order of interim injunction granted by Court regarding restraining..........
Limitation Act, 1963, Article 58 -- Suit for declaration, injunction, recovery of arrears of rent - Limitation - Accrual of cause of action - Plea of execution of certain document in favour of defendant taken up by him in an earlier eviction petition - Those documents were found to be forged and fabricated documents - Limitation to file suit for declaration, injunction and..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Police protection - Violation of order - An application for police protection is maintainable even when remedy is sought by filing an execution petition U.O.21.R.32 CPC and also an application U.O.39.R.2-A CPC seeking attachment and/or arrest of the violator for Contempt of Court...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Implementation - Police protection - When there is threat of breach, disobedience or violation of order of injunction, Court can grant police protection - Party complaining violation of ad interim injunction may file not only an execution petition U.O.21.R.32 CPC or an application..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Amendment of - Eviction petition filed on ground of no, payment of rent and personal necessity - Respondent/tenant filed suit for permanent injunction against petitioner/landlord and in that suit he made statement that he is running collection..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Due diligence - Suit for mandatory injunction seeking direction to defendants to settle accounts and make payment accordingly for work executed by plaintiff - It was always open to defendants to take preliminary objection on basis of cl.46.0 of tender in written statement - Defendants have..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution of decree - Suit for declaration and permanent injunction - Compromise decree - Execution petition filed by decree holder U.O.21.R.32 alleging that judgment debtor willfully disobeyed terms of compromise and Court orders - No specific averments made to show violation of compromise decree - Held, mere filing of two..........
