Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Subsequent development - Amendment sought to incorporate subsequent developments occurred after filing of suit and for additional prayer for mandatory injunction, as defendants have formed road in suit land by encroaching property of plaintiff - Since amendment is with regard to subsequent development,..........
Specific Relief Act, 1963, Section 38, 39 -- Suit for prohibitory and mandatory injunction - Restraining defendants from interfering with exclusive usage of street by plaintiff - Street in question earlier formed part of private property of family of plaintiff and defendants - It is not a common property of village - Street in question was meant and was left during..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Proceedings U.O.39.R.2-A CPC- Available only during pendency of suit and not after conclusion of trial - Any undertaking given to Court during pendency of suit on basis of which suit itself has been disposed of, becomes a part of decree and breach of such undertaking is to be dealt with in execution proceedings U.O.21.R.32..........
Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7 -- Rejection of plaint - Court fee - Suit for specific performance in the garb of suit for declaration and mandatory injunction - Plaintiff cannot be permitted to avoid to pay ad valorum court fee by simply using different words and language - Order to pay ad valorum court fee on the..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Eviction of daughter-in-law from suit property - Relationship between husband and his parents are not acrimonious - Daughter-in-law was clearly living with her i, laws and her husband till disputes arose between her and her husband - Relationship between parties is not congenial - Daughter-in-law residing in..........
Specific Relief Act, 1963, Section 38, 39 -- Permanent and mandatory injunction - Removal of construction raised by defendant in Gali in question - Gali exists in between houses of parties - Defendants not contended that Gali is under their exclusive ownership and/or possession, rather they have denied very existence of same - Since defendants admitted construction having..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 2A -- Interim mandatory injunction and police aid - Sought during pendency of appeal - Civil Court is not powerless to grant interim mandatory injunction - However, it does not mean that same could be granted even without an opportunity to the other side, especially when main appeal is pending for the past six years -..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Suit for mandatory injunction not maintainable for enforcing a pre-emption right...........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Revocation of license - Suit for mandatory injunction is legally maintainable where a license of licensee is revoked - Suit for mandatory injunction is maintainable to prevent breach of an obligattion...........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Revocation of license - Plaintiffs were not required to lead any evidence that they had given shop to defendant as licensee - Revocation of license by notice is sufficient to file a suit for mandatory injunction and possession...........
