Showing : 851-860 of 1652 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 6-- Temporary injunction - Suit for possession u/s 6 of Specific Relief Act - As order passed u/s 6 of Specific Relief Act is not appealable as such an order passed U.O.39.Rr.1, 2 CPC in proceedings u/s 6 of Specific Relief Act is not appealable...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Question of title decided in a suit for injunction - If there was incidental finding on title the same does not operate as res judicata - However when title was directly in question, unless it is established, that it was necessary in the earlier suit to decide the question of title..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2009
Details
Specific Relief Act, 1963, Section 6(2), 6(3)-- Suit for possession and injunction - Main relief in the suit sought by plaintiff was for possession u/s 6 of the Act - Relief of injunction only an ancillary relief - Suit dismissed - Appeal of plaintiff accepted - Defendant in second appeal - Held, appeal for its maintainability must have the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Subsequent events - After institution of suit defendant encroached upon the suit property and raised some construction by building walls and rooms on the suit property - By way of amendment relief of mandatory injunction sought for demolishing of walls and rooms built by..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Patents Act, 1970, Section 108, Civil Procedure Code, 1908, Order 17, Rule 1(2)-- Patent infringement - Injunction - Suit on ground of infringement of patent, seeking relief to injunct defendant from selling its product - Matter remained pending in High Court at interlocutory stage for a long time due to grant or refusal of injunction - Apex Court, without touching merits of..........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Agreement to sell - Suit for specific performance - Restraining defendant from alienating, transferring or creating third party interest in the suit property - Out of consideration of 45 Lakhs an amount of Rs.42.50 lakhs paid in cash at the time of execution of agreement to..........
RAJASTHAN HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Suit for cancellation of sale deed - Rights of parties are finally to be determined in the suit itself - Status quo order was justified in order to preserve the suit property...........
RAJASTHAN HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 151-- Consolidation of suits - Suit for specific performance - Subsequent suit for permanent injunction filed by subsequent vendee - Two suits sufficiently and substantially similar - Petitioner's suit transferred to Court trying respondent's suit - Both the suits ordered to be consolidated and tried..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Question of title may arise even in a suit for injunction relating to possession...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Plea that ad valorem Court fee is payable - Suit for declaration that plaintiff alongwith defendants No.1 to 3 are owners in joint possession - Plaintiff claiming relief of declaration and injunction on the basis of existing title - Trial Court dismissed the application by..........

Showing : 851-860 of 1652 Results