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Results of injunction suit

Showing : 681-690 of 2099 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Section 100 -- Permanent Injunction - Possession - Trial Court was concerned about parties in possession in a suit for injunction - Reference to proprietors in some of earlier year could not defeat claim of person in possession - Held, trial Court rightly held that plaintiff was entitled to injunction which was confirmed in appeal - No..........

BOMBAY HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for specific performance - Restraining defendant from selling, transferring, alienating or creating third party rights in suit property - No concluded contract between parties - Exact area of subject matter of transaction in dispute - Plaintiff did not express readiness and willingness to..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2013
Details

Specific Relief Act, 1963, Section 38 -- Perpetual injunction - Without seeking relief of specific performance - Maintainability - Where plaintiff proves that there was delivery of possession and he continued to be in possession of property or has done something in furtherance of said agreement, suit for injunction may be maintainable - But, it was not maintainable where..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2013
Details

Injunction -- Title - Held, plaintiff is making claim with reference to suit property under a document which has dealt with only suit property and therefore, plaintiff's title to property has been established - Discrepancy with regard to southern boundary could be explained by fact that even apart from defendant there was yet another owner whose presence on south is an..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2013
Details

Injunction -- Possession - Lease - Property had been under management of Gram Panchayat and it had been leasing it out on various years - Jamabandies for two years prior to institution of suit have contained name of plaintiff as being in possession of property - However, there is no subsisting lease - There exists no right for plaintiff to continue in possession of..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Grant of - Validity - Plaintiffs filed suit on basis of intestate succession from their father in whose favour there is a registered document of transfer by grand mother - Defendant's contention that his mother was only defendant's benamidar and he alone paid consideration for purchase - Held, issue..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Suit for mandatory injunction directing defendant to execute sale deed after receiving Rs.1,45,83,33/- - Held, since this obligation came through an earlier decree, plaintiff's contention that it was not a specific enforcement of an agreement of sale is fallacious - Right which Court was granting was not a right in property..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 2, Rule 2 -- Suit for injunction - Allowed to be amended seeking relief of specific performance - Suit not barred by O.2.R.2 CPC - O.2.R.2 operates to a subsequent suit which seeks for a particular relief that must have been taken in the previous suit itself - If the suit were to contain one relief and yet another relief is sought to be..........

RAJASTHAN HIGH COURT

Year of decision: 2013
Details

Specific Relief Act, 1963, Section 38 -- Permanent injunction - No injunction can be granted against true owner - Plaintiff failed to prove agreement to sell as there was no privity of contract between plaintiff and owner of property - Plaintiff has no legal right or title over suit property - Since suit property is sold to defendant Nos.3 & 4 no injunction can be granted..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2013
Details

Evidence Act, 1872, Section 115 -- Principle of acquiescence - If suit is filed for recovery of possession and there is claim of ancillary relief, a mandatory injunction for removal, then acquiescence cannot come in the way - But where plaintiff does not ask for mandatory injunction directing defendant to demolish construction, court may take into account the factor that..........

Showing : 681-690 of 2099 Results