Showing : 1-10 of 145 Results

SUPREME COURT OF INDIA
Year of decision: 2020
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Suit for specific performance - Plaintiff seeking temporary injunction in a suit for specific performance has to establish a strong prima facie case on basis of undisputed facts - Conduct of plaintiff is also very relevant consideration for purposes of injunction -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 38-- Suit for permanent injunction - Agreement to sell - Suit even when filed after accrual of cause of action to file suit for specific performance, plaintiff is entitled to seek relief of injunction by proving that he is in settled and permissive possession of suit property...........
TELANGANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Before commencement of trial - Relief of specific performance sought by way of amendment in the suit for permanent injunction - Pleadings necessary in suit for specific performance have been taken to some extent in original plaint and further pleadings are now sought to be..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 39-- Mandatory injunction - For getting back vacant possession of suit property - Defendant claiming protection of his possession on the basis of agreement to sell - Defendant neither filed a suit for specific performance of contract nor had he pursued his counter claim in the suit - On this count..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Agreement to sell executed by owner in favour of appellant - Son of owner on the basis of power of attorney sold the property to respondent - Appellant filed suit for specific performance and cancellation of sale deed executed in favour of respondent - Respondent is a bona..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 151-- Recall of an order - Application filed by defendant - Order directing defendants to pay Court fee to counter claim - Defendant filed counter claim for declaration, injunction and specific performance - However, by way of amendment defendant deleted relief of declaration and ownership - But still..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Plaintiffs were not barred from filing comprehensive suit for specific performance and for injunction before Competent jurisdiction - Instead of filing of such suit, plaintiff filed suit for bare injunction, though cause of action arose for suit for specific performance at..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Specific Relief Act, 1963, Section 34-- Rejection of plaint - Suit for declaration and permanent injunction that sale deed executed by defendant Nos.1 to 6 in favour of defendant No.7 is not binding on plaintiff and restraining defendants from alienating or encumbering or creating third party rights - Plaintiff in possession on the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Agreement to sell - At the time of filing suit for permanent injunction, plaintiff knew that defendant has refused to honour agreement to sell and inspite of accrual of cause of action for filing suit for specific performance plaintiff did not include the relief of..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Suit for specific performance - Agreement to sell gives prima facie impression that it is transcribed on a signed stamp paper and thereafter signatures of witnesses as well as plaintiff have been appended - Words `Shree Ganeshaya Namah' is placed at such a place which..........

Showing : 1-10 of 145 Results