Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 19, Rule 1 -- Possession - Sworn affidavit that Khasra Girdawaris do not reflect the correct picture and that they would make each and every endeavour to get the wrong rectified in the revenue record - Held, trial Court rightly relied upon the affidavit - It is true that affidavit does not..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Application dismissed and suit also dismissed - Neither any issues framed nor any evidence led - Improper - Suit remitted back to trial Court for decision in accordance with law...........
Arbitration Act, 1940, Section 2(c), Civil Procedure Code, 1908, Section 20 -- Territorial jurisdiction under the Arbitration Act - Is governed by S.20 CPC...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Breach of injunction - By a person not party in the suit - Cannot be held guilty for breach of any order...........
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, Section 11, Order 14, Rule 2 -- Preliminary issue - Issue of res judicata - If Court is of opinion that the case or any part thereof may be disposed of an issue of law only, it may try that issue first, if that issue relates to jurisdiction of the Court, or a bar to the suit, created by any law for the time being in force...........
Industrial Disputes Act, 1947, Section 2(j) -- Maternity Benefit Act, 1961 - Industry - Activity of Municipal Corporation by which construction work is undertaken or roads are laid or repaired or trenches are dug fall within definition of `Industry'...........
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..........
Contempt of Courts Act, 1971, Section 2 -- Eviction petition - Appeal - Tenant given time to vacate subject to giving undertaking - But no undertaking given - Brother-in-law of tenant filing suit and obtaining interim order - Contempt petition by landlord - Suit withdrawn on coming to know of contempt petition - Affidavit by tenant and his brother-in-law apologising for..........
