Showing : 651-660 of 1982 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Previous suit filed for injunction claiming to be in possession under the mortgage and suit was dismissed on the ground that mortgage was not true - Second suit filed for specific performance where one of the items of consideration is the mortgage itself - Held, finding regarding..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Question of title was directly and substantially in issue, for grant of injunction, in previous suit - Decision therein bars the defendants from agitating the question of title...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 2A-- Temporary Injunction - Violation - Order of status quo regarding existing position of suit property - Placing of stack of dung cakes, which is movable property and installation of fodder cutting machine - Held, not violative of status quo order...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
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 agency from tenanted premises -..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 37, 38-- Injunction in a suit for specific performance - It is in the nature of equitable remedy - Injunctive relief not to be granted merely because a prima facie case is made out - Appellants failed to fulfill their obligation under the agreement - Balance of convenience is against the grant of relief -..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Restraining dispossession from the suit premises - Concept of "settled possession" cannot be equated with "legal possession" in all matters - Rejection of prayer for injunction on footing that possession can be granted only to the person who has a legal right to occupy..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 34, Limitation Act, 1963, Article 65-- Declaration on ground of adverse possession declined but relief of injunction granted - Relief of injunction not challenged, hence finding became final - Finding of High Court in second appeal that plaintiff is not entitled to injunction were unnecessary and beyond the scope of appeal - Possession..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Interim injunction - Possession in pursuance of agreement to sell - There was no period of completion of transaction - Plaintiff also relies on a Will and power of attorney - Suit filed after 7 years of agreement - Plaintiff has no prima facie case in his favour as he had not taken a document of..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 91(1)(b)-- Public nuisance - Suit for declaration and injunction - Leave to institute suit - While granting leave to institution suit as per provision of S.91(1)(b) CPC Court is required to record its reasons for granting such leave...........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 91(1)(b)-- Public nuisance - Suit for declaration and injunction - Leave to institute suit - Court is required to satisfy itself prima facie that the cause sought to be agitated by the public spirited persons is genuine - The genuineness of the cause at this stage is required to be assessed by preliminary..........

Showing : 651-660 of 1982 Results