Civil Procedure Code, 1908, Section 47 -- Execution - Objection - Decree for specific performance - Delivery of possession - Plea regarding mortgage - Rights of mortgagee if any remain protected in accordance with law and such plea cannot be used by JD to resist delivery of possession to DH - Moreover, no objection relating to pendency of a revenue suit, interim injunction..........
Specific Relief Act, 1963, Section 37, 38, 39 -- Injunction - No party can claim relief of injunction as a matter of right and Court has discretion to refuse grant of an injunction in suitable cases...........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Encroachment - Conduct of plaintiff not fair and he resorted to falsehood - Discretionary relief of mandatory injunction rightly declined even when demarcation report proved encroachment by defendant...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Seeking stay on suspension of dealership - Dealership agreement suspended due to certain irregularities allegedly found in stock of motor spirit - However, allegation regarding irregularities in stock of motor spirit was said to be subject matter of evidence - Such fact findings have been..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration and permanent injunction filed by maternal uncle of petitioner against his mother, brothers and sisters including maternal grandmother and mother of petitioner - Petitioner failed to establish her rights in the property registered in the name of her maternal grand mother -..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate commissioner - Advocate commissioner can be appointed in a suit for injunction to note down physical features, localize or demarcate property - This action is permitted to help Court understand the local situation and is not considered a collection of evidence - Such appointments are discretionary..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim relief - If Magistrate has jurisdiction under provisions of the Act to pass an injunction order, Magistrate also has power to vacate or modify the same if it causes prejudice to another - Therefore, it is duty of very same Court to redress said grievance instead of directing aggrieved party to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Order granting temporary injunction to plaintiffs in respect of an area beyond the land allotted to plaintiff is a perverse order - Appellant Court rightly set aside order of trial Court granting temporary injunction...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Provision of O.41.R.27 CPC does not apply to filing documents before appellate Court while challenging validity of an order of temporary injunction...........
Specific Relief Act, 1963, Section 38 -- Suit for injunction - Conduct of defendant in instituting a separate suit after grant of injunction in favour of plaintiff, while concealing earlier injunction order and securing an ex parte order which was subsequently vacated, lends support to inference that defendants attempted to disturb settled possession of plaintiff rather..........
