Civil Procedure Code, 1908, Order 39, Rule 1 -- Mandatory injunction - Restraining Municipality from grant of licence to run power loom in residential locality on ground that will cause nuisance - Power of Municipality or local body cannot be whittled by Civil Court - However, plaintiff who will be affected by the running of a power loom is required to be heard before the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Bank guarantee - Enforcement - Grant or refusal of injunction to restrain the enforcement of a bank guarantee or a letter of credit summarized as : (i) While dealing with an application for injunction in the course of commercial dealings, and when an unconditional bank guarantee or letter of credit..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - For grant of temporary injunction Court can refer to documents which are produced on record without formal proof - Court has to consider the material on record in its entirety - Affidavits which are filed on record have to be read in consonance with the pleadings of the plaint, pleadings of the..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction to protect possession - Plaintiff claiming to be in possession as tenant - Tenancy denied - Payment of rent - Mere payment of rent does not create tenancy - However, when execution of receipts is accepted then it is for the owner to explain why money was accepted and agreed to be adjusted towards..........
Specific Relief Act, 1963, Section 37 -- Joint land - Suit for permanent injunction by co-sharer restraining the other co-sharer from raising construction over the suit property - Construction raised by defendant - Plaintiff not entitled to any relief - Co-sharer cannot raise construction so as to affect the rights of the other co-sharer - Effect of construction to be..........
Court Fees Act, 1870, Section 7(iv)(c), Article 1 -- Suit for specific performance - Execution of subsequent sale deeds challenged - Declaration sought that the sale deeds in favour of other defendants illegal, null & void - Claimed decree of mandatory injunction to execute and register sale deed in favour of plaintiff - Case not covered u/s 7(iv)(c) - Provisions of..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Construction raised inspite of undertaking given in a previous suit not to raise any construction - Mandatory injunction for removal of construction rightly granted...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Seeking relief of mandatory injunction - Subsequent events - Drain demolished inspite of ad interim injunction - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint after framing of issues and decision of application for temporary injunction - Certain developments after filing of plaint necessitating amendment to claim relief of mandatory injunction - Amendment allowed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restoration of electricity and water supply - Tenancy coming to an end with efflux of time - Tenancy not renewed - Tenant thereafter in unauthorised occupation - No fault can be found for disconnecting the electricity and water supply...........
