Showing : 541-550 of 1982 Results

DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 39, Rule 2A-- Breach of injunction - Transferee pendente lite - Sale after passing of order of status quo - Vendee not a party to the suit - An application for impleading vendee as a party to the suit was disallowed - There was no order against vendee - Vendee could not be said to have disobeyed the status quo..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 39, Rule 2A-- Breach of injunction - By a person not party to the suit - Normally not to be proceeded against - However, there are exceptions to this general rule - Where such a person is proceeded against then it is essential that he be made a party to the proceeding for violation and it should be brought home..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - Co-sharers - Defendant admittedly raised construction over a portion of suit land, without getting the same partitioned and threatened to evade the rights of other co-sharer including plaintiff - He is not in exclusive possession of vacant suit land over which he intends to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Merely by tying cattle-heads or making hutments, plaintiff would not get any right, title or interest in suit land which apparently belongs to Municipal Committee - Plaintiffs are merely encroachers on suit land without having any right, title or interest therein - Balance..........
ORISSA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local Commissioner - Suit for declaration & injunction - Identities of plots in question are not in dispute - Suit property was already demarcated by Tehsildar in presence of both the parties - Moreover, both the parties claimed their right, title and interest over different plots - Application..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4)-- Dishonour of cheque - Appeal against acquittal - Agreement to sell - Plea by accused that cheques in question were issued under fear and pressure held, believable - As attorney of complainant admitted in his cross examination that complainant made a complaint to police authorities where compromise..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 37, 38-- Prohibitory injunction - Plaintiff not in possession of suit land but filed a simpliciter suit for prohibitory injunction - Merely by adding the line in the prayer clause by plaintiffs that in case defendants are able to take possession of suit land during pendency of suit, suit may be treated as..........
KERALA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 39, Rule 1, Registration Act, 1908, Section 89(5)-- Interim injunction - Restraint order - Court can direct such order to be communicated to Sub Registrar concerned with a direction to enter the particulars of order in Book 1 - However, in such cases, when suit or appeal or proceedings wherein interim order of injunction restraining alienation is..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Agreement to sell - Plaintiff initially filed a suit for permanent injunction fully aware of the fact that he was also entitled to ask for a suit for specific performance - Subsequent suit for specific performance on the same cause of action, held, barred U.O.2.R.2 CPC -..........
KERALA HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 37, 38-- Permanent prohibitory injunction - No case made out by plaintiff that defendants were attempting to cause damage or mischief to property - Lower Court granted the relief without any plea of foundational facts in plaint - Moreover, Court also granted a decree of declaration of appellant's 1/5th..........

Showing : 541-550 of 1982 Results