Civil Procedure Code, 1908, Section 10, Transfer of Property Act, 1882, Section 108(e) -- Injunction suit against landlord as harassment caused with intention to compel to vacate leased premises - Improvement Trust initiated acquisition proceedings of one out of three rooms from leased premises for widening of road - Landlord informed Corporation for demolition of entire..........
Civil Procedure Code, 1908, Section 115, Order 41, Rule 5(2), Civil Procedure Code, 1908, Order 39, Rule 2 -- Suit for permanent injunction - Decreed - Appeal against - Mere filing of an appeal does not operate as stay of decree - Appellate Court shall not pass an order of stay of such a decree U.O.41.R.5(2) - It has to pass an order of temporary injunction U.O.39.R.2 if..........
Civil Procedure Code, 1908, Section 10 -- Complaint u/s 138 Negotiable Instruments Act filed - On the basis of same very cheque civil suit for recovery filed - Held, civil suit cannot be stayed during the pendency of the proceedings under S.138 Negotiable Instruments Act...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Suit for recovery of about 4 Lacs filed - Cheques for a sum of Rs.2, 50, 000/- issued - Conditional leave to defend suit on depositing amount of Rs.2, 50, 000/- On the basis of the same very cheques proceedings u/s 138 Negotiable Instruments Act also initiated - Civil suit cannot be stayed during pendency of proceedings..........
Civil Procedure Code, 1908, Section 100, Punjab Courts Act, 1918, Section 41 -- Second appeal - Suit for injunction - Plaintiff claimed to be in cultivating possession - Absence of documentary evidence - Oral evidence produced being against the record produced by defendants - Suit dismissed - First appellate Court while allowing appeal held that it was plaintiff who was in..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - In the matter of appointment of receiver of the property in dispute before it, the Court has a wide discretion, but it must be satisfied on the materials brought to its notice that it was just and convenient to appoint a receiver - Defendants were not to lose their right as proprietors while dealing with the..........
Punjab Tenancy Act, Section 77(3)(d) -- Suit in Civil Court seeking declaration to be owner in possession claiming that plaintiff in possession of suit land as occupancy tenant and so also his predecessors-in-interest on payment of nominal rent and on coming into force of Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act with effect from 15th June, 1952, had..........
Civil Procedure Code, 1908, Section 20(c) -- Jurisdiction - Parties can oust jurisdiction of one Court where part of cause of action accrues and agree to jurisdiction of another Court only under completed contract - No contract pleaded - Jurisdiction not ousted - Part of cause of action arose at Aligarh - Held, Court at Aligarh has jurisdiction to try suit...........
Civil Procedure Code, 1908, Order 7, Rule 11, 6 -- Rejection of plaint as barred by limitation even without framing a preliminary issue - Plaint itself contained an averment that the suit was not barred by limitation - Held, it was not proper to decide that issue conclusively at the threshold of inception of the suit depriving the plaintiff of the opportunity of making out..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application allowed subject to the condition of depositing half of the suit amount - The term to be imposed has been with reference to only costs and not the suit amount - The order set aside - As the matter still remains to be decided whether the ex parte decree can be set aside under the..........
