Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for cancellation of sale deed - Plaintiff dispossessed during pendency of suit - Amendment sought to claim relief of mandatory injunction - As plaintiff was dispossessed during pendency of suit as such amendment was necessary - Nature of suit is not changed by the proposed amendment - Amendment..........
Civil Procedure Code, 1908, Section 152 -- Decree - Amendment - Order passed in an application for violation and breach of injunction whereby order of imprisonment and restoration of possession set aside - Held, this order does not go to the benefit of J.D. - Decree passed for restoration of possession needs no amendment...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Prohibitory injunction - Obstruction - D.H. is to be put into possession - To put behind bars or to attach property of wrong doer is no relief to the D.H. - Relief to D.H. is only by giving respect to the Court's decree...........
Civil Procedure Code, 1908, Order 16, Rule 1, Civil Procedure Code, 1908, Section , Order 18, Rule 4 -- Examination of summoned witness - Suit for permanent injunction dismissed by Lower Appellate Court by ignoring evidence of plaintiff as well as defendants recorded in examination-in-chief by way of affidavits - Judgment and decree of Lower Appellate Court set aside -..........
Haryana Municipalities Act, 1973, Section 52 -- Suit for permanent injunction against Municipal committee - Held no prior notice is required...........
Copyright Act, 1957, Section 52 -- Exemption of certain acts which do not constitute infringement of Copy Right - Respondent acquired copy right in respect of a ballet dance under the Will - Appellate institute performed this dance without obtaining permission from respondent - Trial court injuncted appellant from performing this dance by granting permanent injunction -..........
Copyright Act, 1957, Section 52(1)(i) -- Section 52 of the Act provides for certain acts which do not constitute an infringement of copy right - Appellate institute performed dance in respect whereof respondent had acquired copy right - Trial court granted injunction restraining appellant from performing dance - Held, if some performance or dance is carried out within the..........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Bar of subsequent suit - Plaintiffs in earlier suit and present suit are different - Earlier suit was for permanent injunction whereas present suit is for permanent injunction and for mandatory injunction directing the defendants to remove their tube wells from the suit land - Earlier suit was dismissed as..........
Civil Procedure Code, 1908, Order 39, Rule 2A, Arbitration Act, 1940, Section 30, 33, 41 -- Vacation of injunction - Non-compliance/breach of unequivocal undertaking - Contempt of Court - Petitioner delayed arbitration proceedings for fifteen years - Petitioner aim was to delay encashment of bank guarantees only - It is ordered that respondent shall be entitled to make its..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Trade mark/copyright - Interim injunction application to be disposed of at the earliest...........
