Civil Procedure Code, 1908, Section 95 -- Temporary injunction - If it was applied for on insufficient grounds or there were no reasonable or probable grounds for instituting the claim for injunction - Summary remedy u/s 95 CPC does not in any way interfere with the principles regulating suits for damages for tort of malicious legal process - A regular suit for..........
Civil Procedure Code, 1908, Section 95 -- Summary proceedings and regular suit for damages for tort of malicious legal process - Difference - There is a difference between conditions necessary for the maintainability of an application u/s 95 CPC and those necessary to maintain a suit - The regular suit is based on tort for abusing the process of Court - Under the law of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Co-sharer - Joint well for irrigation - Installation of pumping set by one co-sharer in the joint well - Injunction cannot be granted against him at the instance of other co-sharer because they equally have a right to install their own pumping set for extraction of proportionate water by fixing turns - Every co-sharer has..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Licensee - After expiry of licence period is not entitled to injunction against his eviction or disturbance of possession against owner as his possession is that of a trespasser...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 37, 38 -- Co-owner - Right to seek injunction against co-owner in exclusive possession of the entire or part of the property restraining him from making construction in that part of the property - Held, that (i) a co-owner who is not in possession of any part of the property is not entitled..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction restraining Municipal Committee from blocking 20 ft. street situated towards eastern side of the house of plaintiff - In site plan no street is shown and rather a chowk is shown - This chowk is ownership of MC - Held, MC has every right to develop this chowk in the shape of a park - It cannot be..........
Partnership Act, 1932, Section 69(2) -- Partnership firm - Unregistered - Trade mark - Infringement - Suit for injunction or damages is one based on a statutory right under the Trade Marks Act, hence is not barred...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Possession - Must be lawful to seek protection from Court by way of equitable relief...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Police help to enforce order of temporary injunction - Court is not precluded from directing police to extend help for enforcement at instance of party apprehending disobedience of Court's order - Court has inherent powers to pass appropriate order to ensure enforcement of its order...........
Specific Relief Act, 1963, Section 39 -- Suit for mandatory injunction - Against licensees - Plaintiff allowed daughter and son-in-law to reside in the house till they could arrange some other alternative accommodation - Suit for mandatory injunction with a direction to the defendants to vacate the premises is maintainable as the defendants are mere licensees and the..........
