Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff failed to make out a prima facie case for grant of temporary injunction restraining defendants from carrying out construction work in the suit property and from selling, disposing or creating any third party interest in suit property - It is also not the case where irreparable harm and..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Plaintiff failed to make out a prima facie case for grant of interim injunction - Resultantly, no prima facie case is made out by plaintiff for grant of attachment of suit property under provisions of O.38.R.5 CPC - Moreover, application filed by plaintiff is bereft of any details as to how relief..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Prima facie case is in favour of plaintiff - Balance of convenience and irreparable loss also lie in favour of plaintiff - Interim relief of temporary injunction restraining defendants, their agents, servants and all other persons claiming through or under them,..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Death of defendant No.1 during pendency of second appeal - Entire allegation about attempt being made to interfere with possession and enjoyment of suit property has been made against defendant No.1 in his individual capacity - Allegation that was made by plaintiff should confine..........
Indian Penal Code, 1860, Section 386, 506, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 386, 506 IPC - Quashing of FIR - FIR in question based on Whatsapp message sent by accused to complainant - However, a bare look at Whatsapp message would not indicate that complainant was put in fear of injury or there was any inducement to deliver property or valuable..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Partition suit - Defendants by way of additional evidence are attempting to make out case that some of suit properties are purchased by them and they are their self acquired properties - However, no such plea was raised before trial Court as per written statement - There is even no..........
Civil Procedure Code, 1908, Order 33, Rule 14 -- Death of indigent plaintiff/appellant - Liability of legal heirs of appellant to pay Court fee after disposal of appeal - In case of death of an indigent appellant after disposal of appeal, property and assets of deceased alone would stand liable to answer the recovery U.O.33.R.14 CPC and in that case it is not permissible..........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits - High Court reduced mesne profits on the ground that premises is residential, being used for residential purposes and construction is about 100 years old and report of approved valuer is with respect to commercial purposes and High Court did not at all considered market rate as per current potential of suit..........
Suit for possession -- Plaintiff's title to suit property has been accepted by both the Courts below - No evidence to show a case of joint possession between plaintiff and defendants based on title properly except a licence - If on revocation of licence validly made, defendants could be removed from possession, there is no joint possession inferable by any principle of..........
Will -- Suspicious circumstance - Exclusion of a heir - By itself not a legitimate suspicion as to genuineness of Will - However, unfair and unjust disposition of property may at time, lead to a legitimate suspicion as to genuineness of Will - Court to consider the question as to whether explanation offered for excluding a heir from disposition is reasonable on the facts..........
