Showing : 121-130 of 251 Results

SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 39, Rule 1,2-- Ad interim injunction - Agreement between parties for construction - Further permission for construction or ancillary works not granted - If plaintiff was allowed to proceed with the construction on the suit land, in the event of dismissal of suit, the defendant cannot use the land in a different..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Guardians and Wards Act, 1890, Section 47, Family Courts Act, 1984, Section 19- - Custody of child - Suit for mandatory injunction by wife - Return of plaint to plaintiff-appellant for presentation before proper court of jurisdiction - Appeal against said order u/s 47 of the Act - Maintainability - Held, S.47 of the Act does not include any order passed by the Family Court..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
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 custody of minor - Held, S.41..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Specific Relief Act, 1963, Section 34, 39-- Suit for declaration that sale deed is illegal and void ab initio and for mandatory injunction directing defendant to remove construction made therein - The relief available to plaintiff was of declaration and possession - Held, suit for declaration and mandatory injunction is not maintainable...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for permanent and mandatory injunction - Pucca Nullah has already been constructed over suit property - Land was acquired after making payment of compensation - Suit land is not in possession of appellant - He has failed to show any document from which it can be inferred that..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 1, Rule 9-- Suit for mandatory injunction - Necessary party - Non-joinder of - New dealer appointed by defendant No.3 has not been made party to the suit, although his interests would also be adversely affected if the suit is decreed - Held, suit is bad for no, joinder of the said dealer who is necessary..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Deficiency in Court fee - Plaintiff has not only sought relief of declaration but has also sought relief of mandatory injunction - Plaintiff under garb of suit for declaration and mandatory injunction, was seeking payment of bonds which were payable on demand - Hence, he was..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42-- Path allotted during consolidation proceedings - Respondent having made encroachment upon path, allottees filed suit for mandatory injunction which was decreed - Decree attained finality - Respondent filed petition u/s 42 of the Act alleging that allottees had entered into a compromise after..........
CALCUTTA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 6-- Pecuniary jurisdiction - Dispute relating adjustment of account - Plaintiff sought adjustment of Rs.18 lacs in account, by way of mandatory injunction - It amounts to seeking claim of Rs.18 lacs - Plaintiff wrongly valued suit as Rs.100/- for declaration and Rs.100/- of injunction, when actual..........
DELHI HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of second suit - Earlier suit filed for permanent and mandatory injunction and second suit for declaration, permanent injunction, recovery of possession and mesne profits - Earlier suit withdrawn but no liberty granted to file a fresh suit on the same cause of action - Plea that relief of..........

Showing : 121-130 of 251 Results