Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Foundational documents relied upon by plaintiff i.e mortgage deed cum lease deed is neither registered nor sufficiently stamped and is therefore, inadmissible - Moreover, plaintiff attempts to secure temporary injunction in effect seeks to restrain rightful owner and purchaser from asserting rights..........
Civil Procedure Code, 1908, Order 21, Rule 32(5) -- Execution - Decree for prohibitory injunction - Violation of decree - Where a decree of prohibitory injunction has been rendered nugatory by wilful and unlawful act of JD particularly dispossession of DH from decreetal property, executing Court is vested with power U.O.21.R.32(5) CPC to direct measures necessary to secure..........
Civil Procedure Code, 1908, Order 21, Rule 32(5) -- Execution - Decree for prohibitory injunction - Violation of decree - To give full effect to an injunction decree, executing Court may also remove every obstruction set up in breach thereof, so that successful litigant may truly reap the benefit of adjudication - Mere penal consequences under contempt jurisdiction may not..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At the stage of rebuttal evidence - Suit for mandatory injunction - Amendment sought for substitution of mandatory injunction with word possession - It was more of a clarificatory nature and that plaintiff shall not lead any further evidence - Nature of suit and relief sought would be same but only its..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23, Protection of Women from Domestic Violence Act,2005 -- Eviction of daughter-in-law - Shared household - Injunction order not to dispossess daughter-in-law from shared household passed in her favour under PWDV Act - Authorities under 2007 Act directed to evict daughter-in-law from shared household..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance and permanent injunction - Amendment sought to incorporate the fact that registered sale deed executed by defendant no.1 in favour of defendant no.2 is not binding on plaintiff and is null and void - Plaintiff not sought amendment within reasonable time despite defendants..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Un-stamped agreement to sell - Agreement to sell is neither registered nor sufficiently stamped - Said agreement to sell could not have been considered for any purpose for accepting plaintiff's case - However, when defendant has not denied execution of document, so also receipt of part of..........
Civil Procedure Code, 1908, Order 39, Rule 3 -- Ex parte interim injunction - Trial Court while granting ex parte interim injunction has not considered the suit in its entirety - It has not even recorded existence of a prima-facie case, balance of convenience or irreparable hardship, three sine qua non for grant of mandatory injunction - No reasoning as has been mandated..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration and injunction - Entire allegation has been made only against defendants - There is no basis or ground made out for impleadment of defendant Nos.3 and 4 from a careful reading of plaint - Merely because defendant nos. 1 & 2 have purchased property from defendant Nos.3 and 4, it..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff failed to produce any documentary evidence showing his ownership over suit property nor produced any document to prove his possession over suit property - Suit rightly dismissed...........
