Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court fee - Application moved under O.7.R.11 for rejection of plaint on ground of no, payment of ad valorem court fee as no suit for mandatory injunction can be filed for recovery of any amount - Application allowed conditionally and plaintiff directed to append court fee - Revision thereagainst - Held,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Husband seeking restraint order against wife from obstructing his entry and exit into the premises - Husband gifted away the property to wife - After execution of the gift deed plaintiff lived in the house only in his capacity as husband of defendant - Parties having strained relations - None of the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 4, Civil Procedure Code, 1908, Order 43, Rule 1(r), Constitution of India, 1950, Article 226 -- Temporary injunction - Alternative remedy of appeal - Availability - Held, an order of injunction, whether interim or final, is an order falling within R.1 or 2 of O.39 CPC and is appealable U.O.43.R.1(r) CPC - Mere quoting wrong..........
Transfer of Property Act, 1882, Section 52 -- Warrants of possession - Objections - Suit for partition, declaration and permanent injunction decreed - Execution proceedings - Objection of JD that a registered power of attorney has been executed in his favour authorizing him to manage and take care of suit premises and thus he is not liable to hand over possession - Said..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Grant of by exercising inherent powers - Held, Court has inherent jurisdiction to pass an order u/s.151 CPC and grant injunction in cases which are not fully covered within four corners of O.39.Rr.1 & 2 CPC - Inherent power of Court can be exercised for meeting ends of justice or to..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Refusal - Petitioner-society had consented to repair work or changes to be carried out in leased out portion - There is no reference in two letters either of Architect or Chairman of Petitioner-society that permission for putting up said 40 feet wide board has been granted to Respondent - Permission..........
Specific Relief Act, 1963, Section 41(i), Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Suppression of material fact - Husband while seeking temporary injunction suppressed the fact of filing a petition by wife under Protection of Women From Domestic Violence Act - Conduct of plaintiff is such as to disentitle him to the assistance of Court, as provided u/s 41(i) of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Grant of - Respondent showing the possession of three biswas out of Khasra No.38/16/1, which was the subject matter of the suit filed by plaintiff, was with plaintiff and was lying vacant and of which the possession was not taken by the LAC and no compensation was paid to plaintiff - It could not be..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Initial suit was merely seeking relief of declaration of right, partition and injunction in respect of jointly owned family property, challenging relinquishment deed on ground of alleged fraud played by respondents herein - Defendant contested suit on ground that he was given in adoption - Plaintiff..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 13B -- Ejectment - Shamlat land - Panchayat Property - Land in dispute initially leased out to petitioner for five years - Petitioner did not vacate land after expiry of lease - Civil Court passed decree in his favour and against defendant from dispossessing him from land otherwise than in due course of law -..........
