Specific Relief Act, 1963, Section 39, Limitation Act, 1963, Article 65 -- Suit for mandatory and permanent injunction - Plea of limitation - Maintainability - Once it is found that defendants were not in adverse possession of suit land - Suit cannot be dismissed on ground of limitation...........
Specific Relief Act, 1963, Section 39 -- Suit for mandatory and permanent injunction - Plaintiff restraining defendant from encroaching and illegally raising construction on suit land - Evidence on record establishing that defendants were never in possession of suit land - Plaintiff found to be in possession through tenants - Suit rightly decreed...........
Civil Procedure Code, 1908, Order 39, Rule 2-A, Contempt of Courts Act, 1971, Section 10 -- Breach of temporary injunction - Remedy available is U.O.39.R.2-A CPC - Petition under Contempt of Courts Act is not maintainable...........
Electricity Act, 2003, Section 145, 126 -- Bar of Civil Court jurisdiction - Suit for permanent injunction restraining the defendants from demanding any amount under the garb of allegations of theft of energy - Held, such kind of dispute does not fall within the purview of S.126 of the Act and therefore jurisdiction of civil court is not barred...........
Court Fees Act, 1870, Section 7, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Plaintiff filed suit for mandatory injunction seeking direction to defendant to make payment of damages of Rs.One lac for his act and conduct which resulted into lowering prestige, status and honour of plaintiff in eyes of public - Ad valorem Court fee not paid - Suit dismissed - Appeal..........
Civil Procedure Code, 1908, Order 39.Rs.1, -- Temporary injunction - Trade mark - Prima facie opinion that a man with ordinary prudent is likely to be deceived while purchasing product as two trade marks are quite similar to each other and there is every likelihood of general public being deceived while purchasing goods of defendants - Even, there is further likelihood..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Joint property - Sale of specific portion of undivided property - It is sale of share of vendor subject to partition - Vendor is entitled to hold possession of such specific portion till partition of property - To claim possession of specific portion it has to be proved that vendor was in possession of that..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Formal defects - Suit for mandatory injunction filed instead of suit for specific performance - Suit was likely to fail on technical defects in framing the suit for mandatory injunction - Order allowing withdrawal of suit with liberty to institute a fresh suit on the same cause of action, upheld...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Suit for injunction - Local Commissioner can be appointed to note down the physical features of the suit property - Local Commissioner cannot be appointed to measure the suit property or the lands in other survey numbers...........
Court Fees Act, 1870, Section 7(iv)(d) -- Court fee - Claim of damages of 20 lacs on account of loss caused to property, tractor, car, motor-cycle, electric connection, electric motors etc. - Plaintiff himself assessed the value of compensation of 20 lacs - Through suit is framed for declaration and mandatory injunction but it is the relief claimed and not form of suit,..........
