Consumer Protection Act, 1986, Section 23 -- Insurance claim - Damage to property due to riots or use of violent means - Repudiation of claim on basis of exclusion clause in policy regarding loss or damage caused by acts of terrorism - Insurance company failed to discharge the burden of bringing the case within four corners of exclusion clause - Insurance company is bound..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Prima facie case, balance of convenience and irreparable loss exists in favour of plaintiffs as regarding interim relief sought with regard to creation of third party interest - So far as interim relief with regard to raising of construction over suit property, since balance of convenience does not lie..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from disturbing possession of plaintiff - Factum of possession of plaintiff over suit property is found on the basis of revenue documents - Defendant on the other hand though claimed possession but could not prove the same - Prima facie plaintiff has been able to prove all..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court while deciding application exceeded its jurisdiction and ventured into merit of case by holding that plaintiff was not in joint possession of suit schedule property and she should pay court fee - Such direction that too at the threshold is totally unwarranted and beyond jurisdiction, hence set..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title on basis of adverse possession - Plaintiffs and defendants were claiming independent title in respect of suit properties by virtue of relinquishment deed executed by father of plaintiffs in favour of father of defendants - Possession of suit property relinquished was delivered to father of defendants as..........
Specific Relief Act, 1963, Section 34, 39 -- Suit for declaration and mandatory injunction - Plaintiff on the basis of sale deed filed suit for declaration of his title to `A' scheduled property and for declaration that `B' scheduled property is a common property - Case of plaintiff is duly established by said sale deed - Title of defendant over suit property as claimed by..........
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..........
