Civil Procedure Code, 1908, Section 2(2) -- Direct conflict between judgment and decree - Foundations of the judgment are to be preferred than that of the decree...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from interfering in possession of plaintiff - No overt acts by defendant shown relating to such interference - Mere allegations that defendant is threatening to take possession and sell same to other persons - Not sufficient - Held, trial Court has not committed any error in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Irreparable loss - To be looked into not from the monetary point of view but from the point of view of the rights of the plaintiffs...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiffs using pathway from time immemorial - Injunction granted restraining the defendant not to put any hindrance and also ordered that the obstacles put in the way be removed till decision of suit - On appeal this order was confirmed - When the trial Court has passed an interlocutory injunction..........
Civil Procedure Code, 1908, Order 23, Rule 3, Contempt of Courts Act, 1971, Section 2, 11, 12 -- Decree passed pursuant to a compromise arrived at between the parties - Failure to fulfil the terms of the decree - Cannot invite contempt proceedings - Decree could only be executed - It is contempt only when there is wilful disobedience of an express undertaking given in..........
Hindu Succession Act, 1956, Section 2, 4(1), 6 -- Ancestral property - Alienation - Any reversioner from the entire reversionary body can challenge the alienation of ancestral property notwithstanding there is any possibility of succession to reversionary interest in the property to him because it is difficult to predicate as to who would be the actual heir when succession..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of fresh suit - For determining that fresh suit is barred under Order 2 Rule 2 of the Code of Civil procedure not only the cause of action should be the same in the earlier suit and fresh suit but the plaintiff should not have omitted any relief to which he was entitled in the earlier suit...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Applicability of the provision - Tests - (i) Whether the claim in the new suit is in fact founded upon a cause of action distinct from that which was the foundation for the former suit; (ii) The cause of actions means every fact which will be necessary for the plaintiff to prove if traversed in order to support his right to..........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- `Cause of action' - Meaning - Cause of action for a suit comprises of all those facts which the plaintiff must aver and, if traversed, prove to support his right to the judgment...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff not in possession - Injunction rightly refused by trial Court...........
