Civil Procedure Code, 1908, Order 2, Rule 2 -- Suit for injunction filed when cause of action had accrued to file suit for specific performance - Subsequent suit for specific performance is barred U.O.2.R.2 CPC...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Relinquishment of part of claim - If a person is entitled to more than one reliefs in respect of same cause of action he may sue for all but he shall not be allowed afterwards to sue for that part of relief which he omitted at the time of filing of first suit - In the present case cause of action to file suit for specific..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Court can grant injunction u/s 151 of the Code if matter is not covered by O.39.Rr.1 & 2 CPC...........
Civil Procedure Code, 1908, Section 151 -- Dispossession during pendency of suit either in violation of order of injunction or otherwise - Court has jurisdiction to restore the parties back to the same position...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-owner - A co-owner in exclusive possession of a joint property is entitled to injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Mandatory injunction - If a person is entitled to a prohibitory injunction, he shall also be entitled to mandatory injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suppression of material facts - Held, a party who suppresses from the Court, material facts, does not deserve the grant of any discretionary relief, much less a temporary injunction - Court will not help a party who has not come with clean hands - Injunction declined...........
Civil Procedure Code, 1908, Section 47, 51, Order 21, Rule 32 -- Decree for prohibitory or mandatory injunction - Act required to be done not enforceable specifically or an act done in violation cannot be undone - Recourse can be had to O.21.R.32(3) or O.21.R.32(5) - Compensation can be awarded U.O.21.R.32(3) though decree is silent about it - Executing court has wide..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Prohibitory injunction - Execution - Trees cut and removed in violation of decree - There can be no enforcement of the decree in the literal sense - Executing Court can fix the compensation, attach the property and keep it pending for six months enabling the J.D. who has violated the decree to pay off the amount and sell the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from interfering in peaceful possession - Municipal Committee rightful owner of the property - Plaintiff in possession - The government holds the property as a trustee of the people and where any attempt is made by an individual or group of individuals to misappropriate/misuse..........
