Showing : 641-650 of 1370 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2010
Details
Himachal Pradesh Land Revenue Act, 1953, Section 171, 163- - Jurisdiction of Civil Court - Suit for declaration and injunction - Whether decree for declaration can be granted in favour of plaintiff without assailing ejectment order passed u/s 163 of the H.P. Land Revenue Act - Held, Civil Court had no jurisdiction to grant decree in question in favour of..........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Transfer of Property Act, 1882, Section 52-- Temporary injunction - Transferee pendente lite - Law summed up viz. (a) Adequate protection is provided to the parties from transfers pendente lite by Section 52 of the TPA and such transferees are neither required to be impleaded nor can claim impleadment - They cannot even resist execution..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 91(1)-- Encroachment of public street - Suit for mandatory/permanent injunction - Causing hardship to plaintiff in ingress and egress to his house situated alongside the street - Special damages caused to plaintiff on account thereof - Held, plaintiff has locus standi to file the suit independently of the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Land given to plaintiff by Municipal Council on Teh Bazari for construction of shop - Plaintiff filed suit for permanent injunction claiming himself to be statutory tenant - Provisions of Rent Act not applicable as per notification dated 3.6.1959 to building and rented land..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of suit at the stage of second appeal - Plaintiff lost in both the Courts below - Plaintiff filed suit for permanent injunction to restrain defendant from interfering in his possession, and for mandatory injunction directing defendant to open access to suit land from adjoining..........
CALCUTTA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - 'Property in dispute' - In simple money suit plant and machinery cannot be property in dispute - No averment in plaint or application for ad interim injunction that defendant is threatening to remove or dispose of his property with view to defraud his creditors - Allegation..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 37, 38-- Injunction - Trespasser can seek injunction against the true owner, only if the trespasser is in peaceful, lawful and established long possession without any concealment from the true owner - On the basis of a stray entry regarding possession in Khasra Girdawri for the year 1975-76 plaintiff..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 37, 38-- Injunction - Possession - Plaintiff cannot be said to be in possession on the basis of a stray entry in Khasra Girdawri for the year 1975-76 whereas suit was filed in the year 1981 and moreover in immediate next jamabandi for the year 1976-77 possession of proprietors of shamlat deh was recorded..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Punjab Security of Land Tenures Act, 1953, Section 9-- Plaintiff filed suit for permanent injunction claiming himself to be in possession as Gair Mourusi - Defendant filed counter claim seeking possession alleging that after the expiry of these period, suit land was to revert back to the defendant (lessor) but plaintiff illegally wants to grab the..........
UTTARAKHAND HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 80(2)-- Notice - Exemption - Grant of permission for instituting suit u/s 80(2) CPC has nothing to do with the merit of interim injunction application...........

Showing : 641-650 of 1370 Results