Showing : 61-70 of 87 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Interim injunction against co-sharers in a suit for permanent injunction by prospective vendee claiming that possession of disputed property given to him on the basis of agreement to sell - Land jointly owned by co-sharers - Agreement nowhere depicts specific Killa numbers over which plaintiff put..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Agreement to sell - Pursuant to agreement to sell vendee put into possession - Restraining interference in cultivating possession - No legal right vests in the plaintiff qua the property in dispute - No irreparable loss or injury is to be caused to the plaintiff if interim..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Constitution of India, 1950, Article 226-- Suppression of material facts - Disentitles for grant of discretionary relief - Civil suit filed for permanent injunction restraining Corporation from stopping supply of petroleum products - Failed to obtain interim stay from Civil Court - Subsequent order of Corporation stopping supply of..........
SUPREME COURT OF INDIA
Year of decision: 1998
Details
Constitution of India, 1950, Article 22(5)-- COFEPOSA Act, Section 3(1) - Detention order - Respondent before surrendering filed writ petition and obtained ad interim stay - On vacation of stay by learned single judge, the Division Bench in appeal granted ad interim relief and extended the same from time to time - Held that proper order..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Restraining alienation of property during pendency of suit - Both the parties having Wills of the deceased in their favour and disputing the rights of each other - Validity of Wills still to be determined - Will in favour of plaintiff executed later in time cannot be..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, Section 10-- Stay of subsequently filed suit - Prayer made in earlier suit a negative prayer that Electricity Board should not grant any connection to defendants without hearing plaintiffs and in the subsequent suit filed by defendants prayer for installation of new connection - Points raised by defendants in..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1997
Details
Punjab Public Premises and Land (Eviction and Rent Recovery) Act, Section 9,4,5,7-- Interlocutory order i.e. order not falling under three clauses : (1) order of eviction, or (2) order relating to recovery of damages, or (3) order under Section 7(2) , and also any other order not relating to these three basic reliefs - Not appealable under Section 9 - Order passed on application..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1997
Details
Punjab Co-operative Societies Act, Section 68-- Interim stay during pendency of appeal - Up to Appellate Authority to grant interim stay, taking in view facts of the case, as it may deem fit - Plea that in view of decision of Supreme Court in Kirpal Singh's case AIR 1986 S. C. 300, Appellate Authority ought to have granted absolute stay of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1997
Details
Constitution of India, 1950, Article 226-- Non-disclosure/concealment of material facts - Duty of petitioner to make full and candid disclosure of all facts and leave it to Court to determine whether relief to be given or not - Petitioner also under a duty to make all efforts to find out all facts of the case before filing the petition and..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Section 115, Order 41, Rule 5(2), Civil Procedure Code, 1908, Order 39, Rule 2-- Suit for permanent injunction - Decreed - Appeal against - Mere filing of an appeal does not operate as stay of decree - Appellate Court shall not pass an order of stay of such a decree U.O.41.R.5(2) - It has to pass an order of temporary injunction U.O.39.R.2 if material on record warrants -..........

Showing : 61-70 of 87 Results