Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - It is to be granted not at asking but on strong circumstance so that to protect rights and interest of parties so as not to frustrate their rights regarding mandatory injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Dispute as to who shall be Chief Mutawalli - Single Bench after taking into account prima facie view, came to conclusion that Chief Mutawalli would remain in family of plaintiff and his family members for all time to come - No infirmity found in order of Single Judge - Division Bench fell into error..........
Specific Relief Act, 1963, Section 39, Limitation Act, 1963, Article 113 -- Suit for mandatory injunction - Limitation - Three years when right to sue accrues - It is residuary article 113 of Limitation Act which applies in absence of any other article applicable to such a suit...........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Forcible dispossession - Suit for mandatory injunction is not maintainable on account of forcible dispossession - Grant of mandatory injunction is not a substitute of suit for possession...........
Indian Penal Code, 1860, Section 468, 471, 120B -- Forgery - Criminal conspiracy - Accused allegedly fabricated partition deed and executed GPA in favour of A3 and A4 - Petitioner entered into sale agreement to purchase the property from A3 and A4 - He also committed offence in connivance with other accused to grab the property from complainant - All accused conspired..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Simple suit for permanent injunction without seeking declaration of title is not maintainable, when plaintiff's title is in cloud of suspicion...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Right of residence - Shared household - Pending suit for mandatory injunction for eviction of daughter-in-law filed by father-in-law - Admittedly, wife stayed in the said house with the husband till the husband managed to flee abroad - Hence, Court below rightly concluded that right of daughter-in-law to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Status quo order - Order of status quo not be passed without clarifying which party is in possession of the property...........
Civil Procedure Code, 1908, Section 151 -- Recall of an order - Application filed by defendant - Order directing defendants to pay Court fee to counter claim - Defendant filed counter claim for declaration, injunction and specific performance - However, by way of amendment defendant deleted relief of declaration and ownership - But still trial Court directed defendant to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for mandatory injunction - Objection regarding maintainability of suit being barred by law was raised by defendant - Court below not examined the issue raised by defendant while discussing relevant provision invoked by him in the backdrop of subject matter of suit - Though Court is not expected to..........
