Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Identification of boundaries - Not to be considered at the stage of grant of ad interim injunction - It requires factual appreciation of evidence which has to be decided by formulating an issue...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Concurrent findings of fact recorded by two Courts below that plaintiffs stand recorded as against khasra nos. mentioned in plaint, in revenue records and those entries still subsist in their favour - Since plaintiffs being record holders, prima facie case stands established and presumption of their..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to correct the boundaries of suit properties - Boundaries of suit property mistakenly shown in schedule of property and ad interim injunction obtained on said basis - Amendment sought by plaintiff will introduce a fresh cause of action - Defendant will suffer irreparable loss by proposed..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Declined by trial Court - Appeal against order dismissing application U.O.39.Rr.1, 2 CPC filed beyond the statutory period of 30 days - No justification either in pleadings or during course of arguments for not filing statutory appeal within stipulated time despite copy of order having been supplied..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendant from raising construction over common land - Till date no demarcation whatsoever has taken place in the property in question - Ad interim injunction rightly granted and appeal thereagainst was rightly rejected...........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Ad interim injunction - Vacation of - Claim of a lessee or tenant - No rent or lease agreement nor rent receipt produced - Prima facie possession of plaintiff over suit property not made out - Balance of convenience also lies in favour of defendant - Greater inconvenience would be caused to defendant if ad interim injunction..........
Transfer of Property Act, 1882, Section 52, Civil Procedure Code, 1908, Section 96, 100, Order 22, Rule 10 -- Transfer pendente lite - During pendency of suit for specific performance and also in violation of ad interim injunction - Irrespective of any bona fides, transferee pendente lite is bound by the decree being passed by trial Court - Purchase of property during..........
Custody of child -- Difference between custody and guardianship - Guardianship natural or otherwise is more about right exercised by a person over a minor in relation to his person or property, while dealing with a third party on minor's behalf or minor himself - Custody on the other hand is something related to day-to-day care ad supervision of minor by an adult...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction order - Police help - Defendant despite restraint order is stated to be interfering in the peaceful possession of plaintiff - Defendant also not willing to make a statement that till decision on application filed U.O.39.Rr.1,2 CPC she will not interfere in the peaceful possession of plaintiff -..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 11 -- Striking off defence - Violation of ad interim injunction order - Defendant had specific knowledge of interim order of injunction as passed by trial Court, inspite of which sale deeds came to be executed by him - Action of defendant amounting to willful and intentional defiance of order - Defendant even..........
