Specific Relief Act, 1963, Section 5, 34, 38 -- Suit for declaration of title, recovery of possession and permanent injunction - Declaration sought that defendant has no right to close windows in wall of house of plaintiff and a direction to remove construction made over suit land and permanent injunction restraining defendants from making any construction - Defendant by..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction restraining defendants from demolishing latrines and stores of plaintiff - Not part of the house of plaintiff but situated across the street - Public street in between their houses and disputed stores and latrines - In the garb of suit, plaintiff want to perpetuate their illegal occupation on the..........
Specific Relief Act, 1963, Section 37 -- Permanent injunction - Plaintiff alleged that he is owner in possession of suit property - He sought permanent injunction restraining defendants from demolishing shops as they have no concern with suit property - Defendants resisted suit on ground that suit land had been acquired - However, evidence on record shows that disputed..........
Specific Relief Act, 1963, Section 37 -- Permanent injunction - Grant of - Excess share than their share, from holdings of other co-sharer, transferred by defendants in favour of subsequent purchaser - Statement of Patwari based on Revenue Record clearly establishes that excess land was transferred - Held, subsequent purchaser cannot said to be a bona fide purchaser -..........
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 23, Rule 1 - - Bar of suit U.O.2.R.2 - Suit for permanent injunction, restraining defendants from alienating suit property to any third parties, reserving her right to file suit for specific performance - Held, plaintiff does not have such power to..........
Punjab Land Revenue Act, 1887, Section 158 -- Brick earth - Jurisdiction of civil court - Declaratory suit with consequential relief of permanent injunction restraining appellant-State from assessing, levying or recovering royalty on brick earth - Maintainability - Held, once notice has been found to be beyond the four corners of the Land Revenue Act then suit would be..........
Specific Relief Act, 1963, Section 37, 38 -- Permanent injunction - Restraining defendants from cutting and removing trees standing in their land - Standing trees belong to the owner of the land and not to the person by whom these were planted - Trees planted by any person/lessee/tenant belong to landowner on whose land these were planted and not the planters of the trees..........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 11, Trade Marks Act, 1999, Section 134(2), Copyright Act, 1957, Section 62 -- Appellant filed a suit for permanent injunction restraining respondent from infringement of trade mark, copy right, rendition of accounts etc. against respondent at Amritsar - Application filed by respondent U.O.7.R. 11 CPC which was allowed..........
Land Acquisition Act, 1894, Section 18, 30 -- Plaintiff sought permanent injunction against the defendants not to receive the compensation of the acquired land in dispute, which is to be paid by the Collector - Held, no injunction can be granted to restrain the defendant from instituting or prosecuting their statutory proceedings as it would amount to restraining the..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - State and Right holders (tikadars) - Suit for permanent prohibitory injunction, restraining defendants from causing any interference in their possession - Other tikadars are not interfering in possession of plaintiff - No relief has been claimed against the State - No allegation that anybody..........