Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Bank filed suit for recovery against principal debtor and surety - Surety, though defen-dant can apply for attachment before judgment of property of principal debtor or seek injunction to protect his interests...........
Urban Lands (Ceiling and Regulation) Act, 1976, Section 8, 4(9), 2(q)(ii) -- Schedule 1, Category D - Vacant land - Determination - Land in city falling under category `D' - Area of 2000 sq.meters of land has also to be deducted as land appurtenant to building from total area in addition to other permissible deductions in view of S.2(q)(ii)...........
Contract Act, 1872, Section 2(f), Transfer of Property Act, 1882, Section 58 -- Bank loan on execution of mortgage deed and promissory note - Mortgage deed executed one day prior to payment of loan amount - Mortgage deed cannot be said to be void for want of consideration - Reciprocal promises made by the promisor to advance the amount formed and the promise to repay the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Eviction decree - Execution - Tenant making futile attempts to challenge executability of decree by filing various applications - Suit by wife of tenant for declaration of title and confirmation of possession - Injunction against execution of eviction decree could not be passed in such suit...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunc-tion - Should be granted only in the rarest of rare cases - Land on which ditches have been dug do not appear to be in respondent's tenancy - Therefore, no mandatory injunction could have been granted against appellant. Respondent's injunction application rejected - Appeal al-lowed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit on basis of oral family settlement - No writing ever came into existence - Not incorporated in any record - Injunction restraining defendant from alienating or creating any encumbrance over the suit property declined-Order upheld...........
Contempt of Courts Act, 1971, Section 2(1), 12 -- Undertaking by tenant to vacate premises just after completion of three months- Landlord having no objection - High Court, while granting time, clearly mentioned that in case tenant fails to vacate after three months landlord will have right to get decree executed - Refusal to vacate - Does not amount to contempt - Breach..........
Civil Procedure Code, 1908, Order 1, Rule 9, 13, Civil Procedure Code, 1908, Order 2, Rule 7 -- Misjoinder of parties and cause of action - Objection Not taken in written statement - shall be deemed to have been waived - Court is not within its limits in framing issues on these aspects of its own accord and non suiting the plaintiff...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary Injunction - Con-duct of plaintiff - Plaintiff never objected to works going on for eight/nine months and has acquiesced - Conduct of plaintiff is covered by S.41(g) of Specific Relief Act - An injunction cannot be granted to prevent a continuing breach in which plaintiff has acquiesced. (Specific Relief Act,..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 17, Rule 2 -- Counsel pleaded no instructions - Exparte decree passed - Defendant not present in Court when Advocate withdrew from the case - Nothing to show that defendant had notice of hearing of case on that day - Defendant not at fault - Exparte decree, order dismissing application for..........
