Criminal Procedure Code, 1973, Section 145, 146 -- Effect of the order of Magistrate passed u/s 145/146 Cr.P.C. - (i) `Competent Court' - Do not necessarily mean a civil court only - A competent court is one which has the jurisdictional competence to determine the question of title or the rights of the parties with regard to the entitlement as to possession over the..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction - Person in long continuous possession can protect his possession by seeking injunction against any person other than the true owner - Even the true owner can get back possession only by resorting to due process of law...........
Civil Procedure Code, 1908 -- Order 2, R. 2 - Whether a suit for possession will be barred under Order 2 Rule 2 on the ground that previous suit for injunction was dismissed? - Held that the subsequent suit was based on a different cause of action and bar of Order 2 Rule 2 CPC was not applicable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Injunction against dispossession from stall - Said stall was granted on lease by Cantonment Board - Lease only in permissive possession - Not vested right - Cannot seek ad interim injunction against Cantonment Board as there was no privity of contract between him and Cantonment Board...........
Permanent injunction -- Joint Hindu Family property - Karta's power of alienation - Injunction at the hands of coparcener - No injunction at the hands of a coparcener can be issued against the Karta of Joint Hindu Family restraining him from alienating the coparcenary property - Though a coparcener has an interest in the coparcenary property by birth, but he is not..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction - Plaintiff proved to be owner - Defendant proved to be in possession on the date of filing of suit - Plaintiff is not entitled to the decree of permanent injunction - Plaintiff is also not entitled to the decree of possession as plaintiff has neither pleaded nor proved that he is dispossessed..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Decree of permanent injunction restraining defendants from interfering in possession - Dispossession in violation of decree - Court can restore possession U.O.21.R.32 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Restoration of possession of land - Violation of decree for permanent injunction by judgment-debtor - Executing Court has jurisdiction to order restoration of possession of land to decree-holder on application under Order 21 Rule 32...........
Injunction -- Against Panchayat - Plaintiffs in long standing possession - Serious dispute as to title - Plaintiffs not rank trespassers - Cannot be dispossessed by force on the basis of unilateral decision taken by Panchayat or other Authorities - Move to dispossess plaintiffs forcibly - Such step ought not to be taken without observing due process of law - Minimum that..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Ownership and possession claimed by virtue of sale deed - Sale deed not proved - Vendor admitted in evidence as to transfer of ownership and possession to the vendee - Plaintiff entitled to decree on basis of possessory title against defendant...........
