Showing : 61-70 of 184 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - As regards possession and nature of property - Status quo order passed - Defendant in exclusive possession of suit property as per jamabandi - Most part of the property covered under abadi of defendant and only a small area lying vacant and that defendant does not want to..........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Failure to establish ownership - Only on the basis of possession on public land plaintiff cannot claim prima facie case in his favour nor balance of convenience is in his favour as land in dispute is for use of public - Temporary injunction declined - Order upheld...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Trespasser - A person in settled possession cannot be evicted forcibly even by the true owner - However, the true owner has every right to dispossess or throw out a trespasser, while he is in the act or process of trespassing - Even a trespasser who is in settled possession..........
CHHATTISGARH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Suit for specific performance - Restraining defendant from interfering in possession and alienating the suit property - Agreement to sell categorically denied - Court erred while holding prima facie case in favour of plaintiff - Failure to establish all the three ingredients..........
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...........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Plaintiff claiming to be in possession and claiming obstruction - To claim his possession plaintiff relying on revenue record - Plaintiff's silence as to agreement of sale and Power of attorney relating to suit property speaks in volumes - Claim of defendant as to possession..........
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..........

Showing : 61-70 of 184 Results