Showing : 71-76 of 76 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Specific Relief Act, 1963, Section 38, Civil Procedure Code, 1908, Section 91-- Suit for injunction restraining defendant from obstructing the use of public street by the plaintiff - It is a suit for enforcement of his individual right, not to remedy a wrong affecting the public as envisaged u/s 91 CPC - Suit for perpetual injunction u/s 38 of Specific Relief Act is not..........
SUPREME COURT OF INDIA
Year of decision: 1999
Details
Criminal Procedure Code, 1973, Section 161, 91, 172-- Statement of witness recorded u/s 161 Cr.P.C. - Use of case diary in respect of said statement in another case or trial - Can be done under S.91 and not under S.172 Cr.P.C. (Evidence Act, 1872, S.145)..........
BOMBAY HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Section 91(1)(b)-- Suit required to be instituted by obtaining leave of Court - Law enjoins a duty on the Court that such power should be exercised judiciously and not in an arbitrary manner - Court is required to pass a reasoned order so as to disclose why permission has been granted to institute such suit...........
MADRAS HIGH COURT
Year of decision: 1998
Details
Specific Relief Act, 1963, Section 37, 38, Civil Procedure Code, 1908, Section 91, Order 1, Rule 8-- Public nuisance - Loading and unloading of coal in defendant's land - Plaintiff's residing very close to land of defendant - Pollution and nuisance established - Sufferings of plaintiffs pleaded and evidence adduced - Permanent prohibitory injunction is justified and suit is maintainable - Further..........
RAJASTHAN HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Section 91-- Public nuisance - Grant of injunction, mandatory and perpetual - Allegation of wrongful construction affecting public way - Person who allegedly made encroachment was in possession of disputed land for more than 25 years - Suit for injunction by person neither claiming title in himself nor filed..........
RAJASTHAN HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Section 91(2)-- Public nuisance - Suit for removal of construction affecting public way - No independent right over public way claimed in suit - Held, suit is not maintainable under S.91(2)...........

Showing : 71-76 of 76 Results