Showing : 61-70 of 160 Results

PATNA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Registration Act, 1908, Section 17(1A), Transfer of Property Act, 1882, Section 53A-- Agreement to sell - Unregistered - Doctrine of part performance not open to be invoked - Grant of temporary injunction on the basis of claim for possession based on such agreement is not permissible...........
PATNA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Unregistered agreement for sale - Possession not proved - Finding of possession is perverse being based on practically no material on the record apart from the reliance upon the unregistered document which is impermissible in law - Order granting injunction set aside...........
DELHI HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Restraining defendants from interfering in peaceful possession - Defendants sold their undivided share - Third party stranger cannot be granted possession of undivided share in a joint family property, by virtue of S.44 TPA - He has to work his remedies and seek partition -..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Restraining further construction - Construction of considerable magnitude already made - Entire amount under the agreement already made - Plaintiff not to suffer any substantial injunction if injunction is not granted - If ultimately suit is decreed plaintiff can be..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary mandatory injunction - Possession delivered in execution of decree - High Court in revision passed an interim order directing D.H. to redeliver possession to J.D. - As possession is delivered in execution of decree as such there is no question to pass interim mandatory injunction..........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Delay and laches - Defendants filed two suits and plaintiff strongly contested both the suits - Plaintiff did not feel it necessary to file the suit until plaintiff found that his possession was frequently disturbed - Defendant also filed an injunction application against..........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Restraining defendants from obstruction made by them - Plaintiff prima facie established his right in the property whereas defendants have non - Defendant parking their vehicles in the suit property but had no right to object to the construction made by plaintiff - Plaintiff..........
RAJASTHAN HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Concurrent findings of both Court below that plaintiff has no title to land in question - Report of Commissioner on possession of land is of no benefit to plaintiff - Fact of dismissal of earlier suit and settlement between parties suppressed - Application for temporary..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Co-owner in exclusive possession raising construction - A co-owner who is not in possession of any part of property is not entitled to seek injunction against co-owner who is in exclusive possession of suit property, unless act of person in possession of suit property..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Co-sharers - Raising construction - Plaintiff himself raised construction on the joint property - Held, there is no equity in his favour to challenge the construction to be raised by other co-owner who has been given exclusive possession under a sale deed...........

Showing : 61-70 of 160 Results