Showing : 601-610 of 2022 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2014
Details
Specific Relief Act, 1963, Section 38-- Co-sharer - Permanent injunction - Plaintiff in possession of suit property as co-sharer - A co-sharer in established possession can be dispossessed only during the course of partition i.e. by due course of law - Injunction granted, as it is not case of any one that plaintiff is using the land..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10-- Impleadment of subsequent vendees - Suit for specific performance - Sale despite injunction order - Question as to whether sale was despite knowledge of injunction order and as to whether subsequent vendees are bona fide purchasers can only be decided after parties lead evidence - Order allowing..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Interim injunction - Plaintiff, an employee provided accommodation during course of employment - After retirement plaintiff continued in possession of such premises - Plea that plaintiff constructed house from his own resources, as such he is owner of suit property - Plaintiff failed to prove that..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
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...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2014
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - Possession - Proof - Mere placing of bricks or tieing buffaloes does not prove possession - Even raising kacha manger for pigs also does not prove possession - Courts below rightly held, that plaintiff is neither owner nor in possession of suit property...........
DELHI HIGH COURT
Year of decision: 2014
Details
Specific Relief Act, 1963, Section 37, 38-- Permanent injunction - Partition suit - All the parties having share in the property - Plaintiff is entitled to relief of permanent injunction till the execution of final decree for partition - Parties restrained till execution of final decree for partition from alienating, encumbering or parting..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Restraining defendants from alienating, transferring, making alterations/raising construction on suit property - Plaintiff failed to make out existence of prima facie case, balance of convenience and irreparable loss so as to entitle him to temporary injunction in relation..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Both parties claiming to be owner in possession of suit property - Ownership and possession a disputed question of fact - Question of fact can only be decided after parties lead their evidence - Order of status quo, upheld...........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Specific Relief Act, 1963, Section 38-- Suit for permanent prohibitory injunction - Burden is upon plaintiff to prove his title and possession in order to succeed in the suit for injunction - Plaintiff nowhere pleaded in plaint as to how and in what manner he acquired ownership rights over property in dispute - Initiation of proceedings..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2-- Ad interim injunction against no, party to suit can be granted u/s 151 CPC - But same does not imply that it is to be granted at mere asking...........

Showing : 601-610 of 2022 Results