Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from raising construction over suit property and changing existing portion of land and alienating specific portion of land - Defendants have already raised construction over suit property and built residential houses - Plaintiff never objected the same and..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Non-framing of an issue is not significant when parties are aware of rival cases and that issue is present in connected matter and evidence recorded on it without demur...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Non-framing of an issue with regard to relief of permanent injunction - Consequential relief of permanent injunction sought in a declaratory suit for easement and as such even if issue is not framed, question of granting consequential relief of injunction can be considered, particularly when parties go to trial with..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Simple withdrawal of suit alongwith a prayer to return documents submitted before Court - Rightly allowed by Court below, as there is no embargo to allow such prayer...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction order - Police help - Defendant despite restraint order is stated to be interfering in the peaceful possession of plaintiff - Defendant also not willing to make a statement that till decision on application filed U.O.39.Rr.1,2 CPC she will not interfere in the peaceful possession of plaintiff -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Subsequent development - Eviction suit - Amendment sought to incorporate subsequent development which have taken place as plaintiff has obtained vacant possession of another shop in question - Therefore, amendment sought is just to establish that bona fide requirement is not available to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Not to be granted merely on submission made at the Bar when admittedly such prayer is not incorporated in an application for temporary injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-owners - Physical possession of plaintiff appears to be in dispute - Court should not pass an order of temporary injunction as it would impinge upon possession of co-owners unless there is convincing and cogent materials shown by such litigant evincing the physical possession in the joint..........
Criminal Procedure Code, 1973, Section 125 -- Proceedings u/s 125 Cr.P.C - Findings recorded in proceedings u/s 125 Cr.P.C are not final and parties are always at liberty to agitate their rights in Civil Court...........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for possession - Amount spent by J.D. on construction - In written statement J.D. has pleaded expenditure of 4.5 lakhs on construction - Operative part of judgment provides that cost of construction is payable and not current value of construction - Order assessing current cost of construction set aside - D.H...........
