Specific Relief Act, 1963, Section 41(i), Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Suppression of material fact - Husband while seeking temporary injunction suppressed the fact of filing a petition by wife under Protection of Women From Domestic Violence Act - Conduct of plaintiff is such as to disentitle him to the assistance of Court, as provided u/s 41(i) of..........
Civil Procedure Code, 1908, Order 39, Rule 1,2, Specific Relief Act, 1963, Section 41(h) -- Temporary injunction - Suit for injunction not maintainable when plaintiff had equally efficacious remedy to seek specific performance but has not sought the said relief - Held, if suit for permanent injunction itself is not maintainable, then question of granting temporary..........
Specific Relief Act, 1963, Section 38,20,41(h), Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Injunction suit - Not maintainable when remedy of filing suit for specific performance is available - Plaintiff cannot claim temporary injunction in pending suit for injunction simpliciter...........
Hindu Minority and Guardianship Act, 1956, Section 6, 7, 25, Specific Relief Act, 1963, Section 41(h) - - Custody of minor child - Suit for mandatory injunction - Maintainability - Plaintiff-appellant neither applied u/s 7 of the Act for her appointment as guardian of minor nor u/s 25 for making an order for return of his custody - Suit for mandatory injunction filed for..........
Specific Relief Act, 1963, Section 38, 41(j) -- Injunction - Lease of plot to plaintiff - Restraining defendant from leasing out any portion of plot leased to plaintiff - Plot proposed to be leased out not carved out from the plot on lease with the plaintiff - Plaintiff has no right in respect of any other area other than area leased out to him - Injunction cannot be..........
Specific Relief Act, 1963, Section 41(4) -- Injunction suit - Alternative remedy - Remedy to file suit for specific performance of sale agreement accrued to the plaintiff - Plaintiff filed suit for injunction - Held, suit for injunction is barred u/s 41 (4) of the Act when equally efficacious remedy is available to the plaintiff to file suit for enforcement of sale..........
Specific Relief Act, 1963, Section 38, 41 -- Injunction suit against co-sharer - Defendant sought to be restrained from restraining the plaintiff from watering his fields from motor (tube-well) on the ground that he is joint owner in possession of the land - Electric motor/electric connection and payment of electricity bills made by the defendant - Also well/bore, after it..........
Specific Relief Act, 1963, Section 41(d) -- Injunction - Cannot be granted to restrain a person from instituting or prosecuting any proceeding in criminal matter - No injunction can be issued restraining a person or authority from lodging the FIR...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 38, 41 -- Injunction suit against Father (Karta) not to alienate ancestral property and joint family property - Held, suit not maintainable - Remedy with coparcener is to file suit after alienation seeking declaration that alienation was without legal necessity - Exception to this..........
Specific Relief Act, 1963, Section 41 -- Permanent injunction - No threat of forcible dispossession - Injunction refused - Order upheld...........
