Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff not in possession - Injunction rightly refused by trial Court...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Agreement to sell - Pursuant to agreement to sell vendee put into possession - Restraining interference in cultivating possession - No legal right vests in the plaintiff qua the property in dispute - No irreparable loss or injury is to be caused to the plaintiff if interim stay is not granted -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction against co-sharer - A co-sharer cannot obtain injunction against other co-sharers with regard to possession - All co-sharers entitled to enjoy possession - Co - sharer...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction against co-sharers in a suit for permanent injunction by prospective vendee claiming that possession of disputed property given to him on the basis of agreement to sell - Land jointly owned by co-sharers - Agreement nowhere depicts specific Killa numbers over which plaintiff put in possession - Plaintiff..........
Haryana Municipal Act, 1973, Section 80, 84, 2(1)(a)(i) -- Revising of rental value enhancing house - tax leviable on the premises - Objections - (i) that property in dispute owned by Charitable Trust and not leviable to house - tax in terms of Government Notification, and (ii) annual rental value not determined on the basis of fair rent determined by Rent Controller - Not..........
Consumer Protection Act, 1986, Section 2(1),(g), Motor Vehicles Act, 1988, Section 2(10),3,10 -- Insurance claim - Driving licence - Repudiation of claim on the ground that driver at the time of accident was not having valid driving licence as he was having licence to drive light motor vehicle and not transport vehicle - Insurance company held justified in repudiating the..........
Civil Procedure Code, 1908, Order 2, Rule 3 -- Misjoinder of causes of action - Two dishonoured cheques issued by one party - One suit filed - In view of provision of O.2.R.3 permitting plaintiff to unite in one suit several causes of action against the same defendant(s), suit cannot be said to be bad for misjoinder of causes of action...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Defendant taking forcible possession of the suit garage by removing the car of the plaintiff therefrom and by putting a lock as well as by putting materials and keeping boxes therein - Once the forcible possession of the defendant is established, plaintiff is to be put back in possession -..........
Civil Procedure Code, 1908, Order 37, Rule 2, 3 -- Summary suit - Plaintiff-tenant filed suit against landlord for recovery of Rs.50 lacs given to the defendant as security and Rs.10, 55, 000 by way of interest - Claim for interest not based on any agreement or any enactment - Relief not in terms of O.37.R.2 - Summary suit not tenable - Unconditional leave to defend..........
Consumer Protection Act, 1986, Section 2(1),(g) -- Insurance policy - Plea for extension of policy to the extent of the period of stoppage of the vehicle for repair - District Forum holding deficiency in service ordered for refund of half of the premium amount collected from appellant/complainant - Respondent OP not filing any appeal against the order but appellant..........
