Showing : 661-670 of 1924 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Suit for specific performance - Injunction suit in appeal filed against rejection of plaint - Application not filed during pendency of suit - Contention that it is only in recent past that defendants are taking steps to alienate suit property - Held, though injunction as..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
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 -..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 151, Order 40, Rule 1-- Appointment of receiver - Validity - Appellant/lessee filed suit for injunction against his forcible dispossession by respondent/lessor from his hotel - Hotel leased out for a period of 5 years - No addition or alteration was to be done without written consent of respondent but appellant made..........
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 -..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 39-- Registration Act, 1908, S.17(1)(d) & 49 - Mandatory injunction - Suit based on unregistered lease deed - Lease deed in respect of municipal land for period of 30 years in favour of plaintiff was unregistered document - Held, no mandatory injunction or relief as sought by plaintiff/appellant..........
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...........

Showing : 661-670 of 1924 Results