Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Construction of wall - Defendant restrained from interfering - Plaintiff cannot be allowed to enter the house of defendant so as to plaster the wall, as it was not claimed in original prayer...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Suit for mandatory injunction for restoration of electric connection - Occupation of plaintiff akin to trespasser - Trial Court gave interim direction for restoration - New connection obtained by plaintiff by suppressing facts against the directions of Court - Same is liable to be disconnected on proper representation to..........
Civil Procedure Code, 1908, Order 17, Rule 2(d) -- Illness of counsel - Party had no time to make alternative arrangement - Court should have adjourned the case for the next date...........
Civil Procedure Code, 1908, Order 18, Rule 2 -- Defendant admitting case of plaintiff - He cannot be allowed to lead evidence after closing of evidence by contesting defendant...........
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 18, Rule 2 -- The party giving the evidence first has the right to address the Court last, and the defendant having led his evidence last, is required to address the Court first ...........
Benami Transactions (Prohibition) Act, 1988, Section 2(c), 4 & 3 -- Plaintiff employee of respondent company - Premises taken on lease and licence basis for benefit of officers - Company paying rent and charges - Occupying premises as employee - Legal representatives - Cannot claim declaration that plaintiff tenant of premises - Suit barred by Section 4 of the Act...........
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 13, Rule 2 -- Provision is not mandatory - `Sufficient cause' should be given very liberal construction to serve ends of justice...........
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...........
