Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Observations made by any Court while deciding any interlocutory application are all tentative and confined to those applications - While deciding the main suit, Courts are not expected to get influenced by any observations that were made by Court in interlocutory applications - Rights and duties of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Plaintiffs are admittedly co-sharers - Their possession is also established from revenue record and earlier litigation between predecessors of parties - Partition proceedings are going on - Till then plaintiffs have certainly a right to retain possession of suit land - Ad interim injunction rightly..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-owners - No pleading with regard to any construction activity initiated by defendants in suit land - Only repair work undertaken by defendant - Does not amount to destruction or damage to joint property - Status quo order rightly set aside - Plaintiff can seek amendment of plaint and to add a..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendant from transferring the suit property in a suit for specific performance - Plaintiff always ready to perform his part of the contract and such pleadings has to be proved at the appropriate stage of trial - Balance of convenience is in favour of plaintiff - Defendant..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for cancellation of sale deed executed by plaintiff in favour of defendant - Sale deed in question speaks about payment of entire consideration money at the time of its execution and title and possession passed to purchaser soon on registration of sale deed - Cheques mentioned in sale deed were..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 341, 342, 376(D), Protection of Children from Sexual Offences Act, 2012, Section 4, 8 -- Bail - Offence u/ss 341, 342 and 376(D) & Protection of Children from Sexual Offences Act, 2012, Ss.4, 8 - Grant of bail on the ground that accused is ready to deposit ad interim compensation of Rs.1 lakh in..........
Protection of Women From Domestic Violence Act, 2005, Section 28(2) -- Proceedings under the Act - Even though S.28(1) of the Act provides that all proceedings u/ss 12, 18 to 23 of the Act and for offence u/s 31 of the Act shall be governed by provisions of Cr.P.C, Court can still lay down its own procedure while dealing with applications u/s 12(1) of the Act or while..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Easements Act, 1882, Section 52 -- Ad-interim injunction - Right of inhabitant of an old age home to stay in such old age home - Possession of plaintiff in a room of an old age home is that of a licensee permitted to enjoy the possession, but without creating any interest in the property - Licensee has a legal right to stay..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Both trial Court and Appellate Court on basis of evidence led by parties came to conclusion that prima facie plaintiff was residing in the house built by his father and defendant was trying to sell it off - Said apprehension was fortified by agreement to sell made out after order of trial Court for..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-sharer - Plaintiffs able to demonstrate their possession - Defendants cannot be permitted to claim denial of right to the co-sharer to enter into land especially when such co-sharer is already in possession of land to the extent of his share - Order of Appellate Court granting ad interim..........
