Showing : 651-660 of 1664 Results

PUNJAB & HARYANA HIGH COURT
Year of decision: 2012
Details
Agreement to sell-- Specific performance - Ready and willing - Substantial amount of total sale consideration already stood paid - Injunction suit filed to restrain defendants from alienating suit land even prior to last date fixed for execution of sale-deed - Suit claiming relief of specific performance had been..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 39, Rule 1,2-- Injunction - Safeguards - (i) Safe and better course is to give a short notice on injunction application and pass an appropriate order after hearing both the sides; (ii) in case of grave urgency, if it becomes imperative to grant an ex parte ad interim injunction, it should be granted for a..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Limitation Act, 1963, Article 58-- Declaratory suit - Revenue entries - Limitation to challenge - Held, in a suit for declaration as well as permanent injunction, limitation will not start w.e.f. the date an adverse entry is made in revenue record but when actual possession of plaintiff is threatened by other party u/Art.58 of..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 39-- Temporary injunction - Suit for declaration of ownership - Restraining defendant from dispossessing plaintiff - Ejectment proceedings initiated by defendant against plaintiff - Shows possession of plaintiff - Injunction cannot be refused merely on the ground that ejectment proceedings u/s 163 of..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for permanent injunction - Pleadings in plaint that respondents/plaintiffs were using 3 metres wide access for more than 60 years and act of appellants trying to obstruct it by constructing a compound wall is taking away right of passage and access available to respondents -..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2012
Details
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 injunction would not..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 39, Rule 1,2-- Temporary injunction - Suit for specific performance - Restraining defendant from alienating the suit property - Suit filed more than six years after the expiry of the target date stipulated for sale deed - Temporary injunction not granted in the interest of justice - However, direction issued..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 88, 207, Order 7, Rule 11-- Rajasthan Tenancy Act, 1955, Sch.III, Item No.5 - Rejection of plaint - Suit for permanent, mandatory injunction and cancellation of sale-deed - Declaration of khatedari rights over agricultural land was the main relief sought - Held, declaration sought could only be granted by Revenue Court -..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 39, Rule 1,2-- Ad interim injunction - From disturbing possession and creating third party rights - Defendant claiming possession on the basis of sale deed executed by plaintiff through her power of attorney - Plaintiff denying ever executing power of attorney - Non production of power of attorney by defendant..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Punjab Village Common Lands (Regulation) Act, 1961, Section 13, Specific Relief Act, 1963, Section 37-- Permanent injunction - Gram Panchayat has been leasing out suit land to different persons - Plaintiffs also participated in auction for lease of suit land by Gram Panchayat - Said participation by plaintiffs would clearly indicate and demonstrate that they are not in possession of suit land as..........

Showing : 651-660 of 1664 Results