Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit for declaration and permanent injunction by private trust - Pleadings in plaint making out triable issues, which have to be proved by either party during trial by letting in evidence - Issue of limitation is also a mixed question of fact and law requiring proof - Court considering application to..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Report of Local Commissioner as to raising some construction by defendant - Plaintiff did not enter witness box - However, his brother who is co-sharer in the suit land entered the witness box claimed to be in possession of suit land but did not depose about defendant having raised the construction over the..........
Indian Penal Code, 1860, Section 188 -- Offence u/s 188 IPC - Mere allegation of violation of injunction order by petitioner passed against her by civil Court, even if true, does not make out an offence u/s 188 IPC...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff's predecessor-i, interest purchased the property not by measurement but by boundaries - Property in question is identifiable - First Appellate Court rightly relied upon commission reports and various evidence which were on record and led by parties and had correctly concluded that plaintiffs were..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Findings of fact - Suit for permanent injunction - House in question was ancestral and predecessor-i, interest of plaintiff and uncle of plaintiff were real brothers - Half of house thus, come in the share of plaintiffs - Defendant thus, directed to handover vacant possession of disputed portion of house - No..........
Specific Relief Act, 1963, Section 39, 41(h) -- Suit for mandatory injunction - When efficacious remedy in the form of suit for recovery is available then filing of suit for mandatory injunction is hit by S.41(h) of Specific Relief Act...........
Specific Relief Act, 1963, Section 38, 39 -- Injunction suit based on easementary right - Suit for mere injunction without seeking relief of declaration is not maintainable...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for permanent injunction - Plaintiff was aware of correct address of defendant but intentionally did not give the same - No explanation come forth in plaint or in evidence of giving other address of defendant, which was not supported by any documentary evidence - Application for setting..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit filed by plaintiffs for challenging sale deed executed by defendants in favour of defendant no.6 - Property in question inherited by parties equally - Defendants sold half share out of suit property - Plaintiffs have no prima facie case or balance of convenience in their favour for grant of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for cancellation of sale deed - Sale of ancestral property - Question of nature of property as to whether ancestral property or self acquired property can only be decided after parties lead evidence - Temporary injunction rightly declined...........
