Specific Relief Act, 1963, Section 38, 39 -- Injunction - Where plaintiff fails to prove possession in a suit for permanent prohibitory injunction or mandatory injunction, suit is liable to be dismissed...........
Specific Relief Act, 1963, Section 38, 39 -- Permanent prohibitory injunction - Issue of limitation - Can be taken by defendants before appellate Court even though it had not been raised before trial Court or first appellate Court, as the defendants have taken this ground in the memo of appeal and substantial question of law has been framed in this regard...........
Specific Relief Act, 1963, Section 38, 39 -- Permanent prohibitory injunction - Restraining defendants permanently from constructing road over suit land or changing its nature - Plaintiffs have not come to Court with clean hands - It was for plaintiffs to plead that road was constructed in 2000 and plaintiffs were out of possession at the time of filing of suit - Virtually..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Where a plaintiff is seeking retrieval of possession of suit property from any of his relations like son, daughter etc. then in such an event a suit for possession is not necessary and a suit for mandatory injunction would suffice...........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Son along with his wife and child living in the property as licensee - Father does not want them to continue any more in the house - Held, suit for mandatory injunction is maintainable - It is not necessary that he must file suit for possession...........
Court Fees Act, 1870, Section 7, Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Licensee - Suit for mandatory injunction that licensee be removed from the licensed premises, alongwith claim of damages - Court directed that plaintiff will pay eventually Court fee at whatever rate the damages are paid to him - Held, no advance Court fee on the arrears of..........
Specific Relief Act, 1963, Section 39 -- License - Termination by serving notice - Defendant pleading to be tenant over the land in question - Plea of defendant that it is only the eviction petition under the Rent Act which is maintainable - Defendant failed to prove himself to be statutory tenant as pleaded by him - Defendant failed to show any document supporting his..........
Specific Relief Act, 1963, Section 37, Protection of Women From Domestic Violence Act, 2005, Section 26, Transfer of Property Act, 1882, Section 39 -- Injunction - Dispossession and alienation - Wife seeking restraint order against husband - Provisions of Act of 2005 are incorporated in any civil or criminal proceedings - Wife is entitled to a right of protection to remain..........
Specific Relief Act, 1963, Section 39 -- Suit for mandatory injunction - Sale of property by attorney - Non payment of sale consideration to the principal - Agreement executed between attorney and principal, outside Court, for return of money - Suit for mandatory injunction to enforce the compromise agreement is maintainable - Court has discretion to grant mandatory..........
Specific Relief Act, 1963, Section 39 -- Suit for mandatory injunction - Sale of property by attorney - Non payment of sale consideration to the principal - Agreement executed between attorney and principal, outside Court, for return of money - Suit for mandatory injunction to enforce the compromise agreement is maintainable - A fresh cause of action accrues from the date..........
