Showing : 1-10 of 48 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 39, 41(h)-- Suit for mandatory injunction - When efficacious remedy in the form of suit for recovery is available then filing of suit for mandatory injunction is hit by S.41(h) of Specific Relief Act...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 39, 14, 38(2), 41(h)-- Mandatory injunction - Enforcement of contracts by mandatory injunction order - Not permissible...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 13, Specific Relief Act, 1963, Section 37, 38, 41(a), 41(b)-- Anti-Suit injunction - Restraining wife from pursuing divorce petition before Court in USA - Husband filed a divorce petition in India - Both the parties are permanent citizens of USA - No prejudice caused to husband if proceedings are allowed to be continued in Court at USA, as he himself is..........
UTTARAKHAND HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 38, 41-- Injunction and temporary injunction - Parameters for deciding temporary injunction application and suit for permanent prohibitory injunction are entirely different - One is governed by O.39.Rr.1,2 CPC and the other is decided on the basis of provisions contained in Specific Relief Act...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 41(a)-- Injunction to restrain prosecuting proceedings pending in a Foreign Court - Court has no jurisdiction to grant injunction restraining a person from instituting any proceeding in a Court not subordinate to that from which injunction is sought - Foreign Court cannot be treated as a Court subordinate..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 41(b)-- Injunction - Cannot be issued in favour of plaintiff to obstruct execution of decree, particularly, when he failed to prima facie establish his ownership and possession over house in dispute...........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 39, 41(h)-- Mandatory Injunction - Suit not barred by provision of S.41(h) of the Act, as plaintiff held to be owner of suit property and is residing in the same accommodation, thus, cause of action has arisen to plaintiff for filing suit for mandatory injunction - Plaintiff cannot be compelled to file a suit..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 41(h)-- Suit for injunction filed when remedy of filing suit for specific performance was available - When an equally efficacious relief can be obtained by any other usual mode, an injunction shall be refused - Dismissal of suit by first appellate Court calls for no interference...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Specific Relief Act, 1963, Section 41-- Injunction - When plaintiff can claim an efficacious relief of specific performance, Court shall not grant injunction based on agreement of sale...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 41- - Joint Hindu Family - In absence of any division, entire property being in co-ownership of all parties, injunction at behest of one co-owner against others cannot be granted...........

Showing : 1-10 of 48 Results