Showing : 631-640 of 1871 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Order of status quo - Both parties claiming title and possession - Court passed order of status quo by holding that it is difficult to reach to the conclusion as to which of the party is in possession over the suit property - Order upheld...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - Obstruction of passage - Grant of - Parties recorded as joint owners of suit land - Enjoying separate and exclusive possession over their shares of land by mutual agreement - By constructing shutter on passage defendant obstructed path leading to plaintiff's house -..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2013
Details
Court Fees Act, 1870, Section 7(iv)(c), (v)(e), Civil Procedure Code, 1908, Order 7, Rule 11-- Filing of declaratory suit in which consequential relief of injunction sought - Valuation of court fee - Held, plaint for purpose of court-fees and jurisdiction is required to be valued in accordance with S.7(iv)(c), (v)(e) of Act on market value of suit property - Plaintiff not valued suit in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Suit for permanent injunction - Amendment sought to seek relief of possession with mesne profits - Amendment will change the nature of pleadings as well as course of action - Dismissal of application calls for no interference...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local Commissioner - Suit for injunction - In a suit for bare injunction, Court should discourage filing of an application for appointment of Local Commissioner as the scope of such a suit is very limited...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Landlord and tenant -- Injunction suit by tenant restraining landlord from forcibly evicting him - If it is held that tenant has got no right then landlord need not file separate suit for eviction of tenant - Landlord may seek eviction of tenant in execution of the decree passed in the suit in question itself...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Refusal of - Petitioner failed before both Courts to prove his ownership on the basis of some documents - Held, simply because suit filed by respondent No.1 has been dismissed, therefore, prayer of interim injunction should have been granted is not sufficient...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Grant of - Exercise of power by Court - Held, grant or refusal of an interim injunction in a civil suit is the most important stage in civil trial - Due care, caution or diligence should be taken by judicial officers and judges while granting or refusing injunction - Once an..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading of a party - Simpliciter suit for injunction - Any order passed of injunction would bind only the parties to the suit - Proposed party will not be bound by the order in the suit - Order allowing impleadment set aside...........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Suit for specific performance - Amendment seeking relief of possession - Originally plaintiff claiming to be in possession - However, while deciding application for ad interim injunction, Court recorded a finding that defendant is in possession of the suit property - Held,..........

Showing : 631-640 of 1871 Results