Contempt of Courts Act, 1971, Section 2(b), 12 -- Civil contempt - Disobedience of order of Supreme Court - Interim injunction order passed against contemnor - Contemnor earlier also disobeyed interim injunction order by raising construction and after filing contempt petition, demolished it and gave undertaking to Court that she will not raise any fresh construction -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Agreement to sell - Possession in pursuance of agreement to sell - Agreement to sell unregistered - Even if agreement to sell is required to be registered, it can always be looked into for collateral purposes i.e. to determine the nature of possession - Held, trial Court erred in declining the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Agreement to sell - Possession in pursuance of agreement to sell - Plaintiff in possession on the date of institution of suit - However, during pendency of suit plaintiff dispossessed - Held, Court has got enough powers u/s 151 CPC to undo the illegalities done by the opposite party during pendency..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Agreement to sell - Possession in pursuance of agreement to sell - Plaintiff in possession on the date of institution of suit - However, during pendency of suit plaintiff dispossessed - Defendant directed to hand over possession of suit property to plaintiff - Plaintiff with the help of police can..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Agreement to sell - Possession in pursuance of agreement to sell - Plaintiff in possession on the date of institution of suit - However, during pendency of suit plaintiff dispossessed - Possession ordered to be restored to plaintiff - Plea that in the mean time plot is sold to third party - Held,..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Revocation of licence - Seeking vacant possession of house - Plaintiff purchased 3-3/4 share out of 7 Marlas of land - Plaintiff thus became co-sharer - Remedy for him is to seek separate possession by way of partition - Till then he cannot seek ejectment of defendant by branding him to be licensee - Suit is..........
Court Fees Act, 1870, Section 7(iv)(c) -- Court fees - Suit for declaration that Will is illegal null and void with consequential relief of permanent injunction - Court fee is to be paid as payable in a suit for declaration - Impugned order of directing plaintiffs to pay ad valorem Court fees set aside...........
Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - Boundaries specified in both suits i.e suit for partition and suit for permanent injunction not same - Defendants contended that property in subsequent suit is one for which partition is sought in earlier suit for partition - Said fact not denied by plaintiffs - Injunction granted in earlier suit for..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Plea of bona fide purchasers - Suit for joint possession and that sale deed in question is null and void - Suit property sold by defendants nos. 1 & 2 in favour of defendants nos. 4 & 5 who in turn sold the property to subsequent purchasers who are claiming themselves to be bona fide purchasers - Plaintiff filed..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and permanent injunction - Amendment sought to incorporate relief of possession, as plaintiff dispossessed during pendency of suit - Such amendment which is on account of development during pendency of suit, should not normally be declined - Delay of 1 year and 3 months also cannot..........
