Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- A trespasser/encroacher of public land is entitled to no relief from Court...........
Civil Procedure Code, 1908, Order 1, Rule 8, Civil Procedure Code, 1908, Order 12, Rule 6 -- Appeal by a person not party to suit - A person who is not a party may prefer an appeal with the leave of the appellate Court if he would be prejudicially affected by the judgment..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Petitioner elected President of Indian Medical Association for one year - Election challenged on ground of fraud, forgery and cheating - Held, petitioner having been elected President cannot be deprived of his legitimate claim to assume office of Presidentship till the matter is finally adjudicated by the Court...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Contract to construct hospital building - Labour of contractor occupying huts at site - Held, labourers have no relationship with hospital either as licencee or lessee - On completion of work labour is liable to vacate huts - Not entitled to injunction on basis of possession...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Person in illegal possession - Not entitled to injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - A person in unlawful possession has no legal right to claim injunction against the true owner...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Discretionary power of Court - In exercise of discretionary power Court should also call upon the plaintiff to file a bond to the satisfaction of the Court that in the event of his failing in the suit to obtain the relief asked for in the plaint, he would adequately compensate the defendant for the..........
Civil Procedure Code, 1908, Section 9, Order 39, Rule 1, 2 -- Award of damages arising due to obtaining ad interim injunction and suit ultimately failing - Trial Court can award damages beyond its pecuniary jurisdiction...........
Civil Procedure Code, 1908, Order 32, Rule 1 -- Suit by minor - Next friend found to be not proper next friend or proper guardian - Because of that defect, decree in favour of minor is not nullity - Court can suspend proceedings till defect is removed...........
Civil Procedure Code, 1908, Order 32, Rule 1 -- Suit by minor - Attaining majority during pendency of suit - Decree passed thereafter - Defect that he was not represented by proper next friend stands cured...........
