Specific Relief Act, 1963, Section 37, 38 -- Injunction - Person in settled possession can be dispossessed only by taking recourse to procedure prescribed by law...........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Trespasser in settled possession - Unless he is evicted in due course of law, he is entitled to defend his possession even against the rightful owner...........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Person in peaceful and settled possession if dispossessed by use of force during pendency of appeal - Entitled to restoration of possession...........
Specific Relief Act, 1963, Section 37, 38, Partnership Act, 1932, Section 7, 4 -- Partnership at will - Prohibitory injunction to restrain a partner at the instance of another partner to insulate and protect the interest of the firm - Held, prohibitory injunction at the instance of one partner against the other in the absence of relief of dissolution of the firm and..........
Specific Relief Act, 1963, Section 37, 38, Civil Procedure Code, 1908, Order 21, Rule 32 -- Decree for injunction - Decree is a decree in personam and it does not run with the land - However, decree for perpetual injunction can be executed U.O.21.R.32 CPC by attachment of property of J.D. or by detention in civil prison or by both...........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Trespasser can seek injunction against the true owner, only if the trespasser is in peaceful, lawful and established long possession without any concealment from the true owner - On the basis of a stray entry regarding possession in Khasra Girdawri for the year 1975-76 plaintiff cannot be said to be in peaceful,..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Possession - Plaintiff cannot be said to be in possession on the basis of a stray entry in Khasra Girdawri for the year 1975-76 whereas suit was filed in the year 1981 and moreover in immediate next jamabandi for the year 1976-77 possession of proprietors of shamlat deh was recorded over the suit land - It is thus..........
Specific Relief Act, 1963, Section 34, 37, 38 -- Power of Attorney executed by plaintiff in favor of defendant - Power of Attorney cancelled within one day of it being executed and defendant also informed - Despite this defendant alienated property within three days and within six days thereafter the property was further sold - A criminal case filed against defendant..........
Specific Relief Act, 1963, Section 37, 38 -- Co-owner - Suit for permanent injunction against a co-owner is not maintainable...........
Specific Relief Act, 1963, Section 37, 38 -- Suit for injunction - Plaintiff in settled possession - Plaintiff entitled to injunction against obstruction by defendant until he is evicted by due process of law...........
