Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-sharers - Plaintiff not required to implead all co-owners as party defendant - It is sufficient for plaintiff to implead only those co-owners from whom he has any threat of his forcible possession. (Civil Procedure Code, 1908, O.1.R.9)..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Possession of predecessor-i, interest of plaintiff is proved from previous judgment passed in their favour - Predecessor-i, interest of plaintiff thereafter sold the property to plaintiff vide registered sale deed - It is specifically recorded in sale deed that possession has been delivered to plaintiff - Sale..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for mandatory injunction - Illegal construction over common wall - D.H. himself not allowing demolition of wall on the ground floor as it will result into collapse of house of J.D. and also house of decree holder - Even assuming that said wall belongs to D.H. even then Executing Court was to first find out..........
Protection of Women From Domestic Violence Act, 2005, Section 17, 19, 2(s) -- Right to residence - Shared household - House in question exclusively belonging to father-i, law - It cannot be called a `shared household' within ambit of S.2(s) of the Act - Daughter-i, law thus, has no right to reside in said house - Injunction order passed by Court restraining father-i, law..........
Rent and Eviction -- Attornment - Proof - Attornment stands proved viz. (a) no reply to quit notice which amounts to waiver to challenge invalidity or infirmity of quit notice including ownership issue raised therein; (b) Letters sent expressing willingness to attorn and continue the tenancy and also offering to pay rent; (c) Filing suit for mandatory injunction to accept..........
Anti suit injunction -- It is meant to restrain a party to a suit/proceeding from instituting or prosecuting a case in another court, including a foreign court - Simply put, an anti-suit injunction is a judicial order restraining one party from prosecuting a case in another court outside its jurisdiction - Principles governing grant of injunction are common to that of..........
Anti suit injunction -- Courts in India have power to issue anti-suit injunction to a party over whom it has personal jurisdiction, in an appropriate case - However, before passing order of anti-suit injunction, Courts should be very cautious and careful, and it should be granted sparingly and not as a matter of routine as such orders involve a court impinging on the..........
Hindu Marriage Act, 1955, Section 13, Specific Relief Act, 1963, Section 37, 38, 41(a), 41(b) -- Anti-Suit injunction - Restraining wife from pursuing divorce petition before Court in USA - Husband filed a divorce petition in India - Both the parties are permanent citizens of USA - No prejudice caused to husband if proceedings are allowed to be continued in Court at USA,..........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for possession - Suit for declaration, possession and mandatory injunction - Direction for removal of construction by Executing Court - Validity - Executing Court while executing a decree for possession is entitled to pass such incidental, ancillary or necessary orders for effective enforcement of decree..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Earlier suit for permanent injunction filed - Suit withdrawn and subsequent suit for specific performance filed - Second suit for specific performance is not barred U.O.2.R.2 CPC as (i) Cause of action to claim a relief of permanent injunction and the cause of action to claim a relief of specific..........
