Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- No injunction can be granted in favour of encroacher against true owner...........
Civil Procedure Code, 1908, Order 43, Rule 1(r), Civil Procedure Code, 1908, Section , Order 39, Rule 1, 2 -- Appellate Court cannot consider appeal against order passed under Order 39 Rules 1 and 2 by trial Court as it was hearing application for the first time - Duty cast upon Appellate Court to first consider material sufficient to reverse finding of prima facie case,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction against Gram Panchayat in a suit for permanent injunction - Land in dispute Shamilat Deh within meaning of Section 2(g) Punjab Village Common Lands (Regulation) Act and vests in Gram Panchayat - Plaintiffs-residents of the village not entitled to grant of any interim injunction - Punjab Village Common..........
Electricity Act, 1910, Section 39, Criminal Procedure Code, 1973, Section 482 -- Charge framed u/s 39 Electricity Act - Tampering of meter - No allegation that any artificial means has been used for abstraction of the electricity by the petitioner for consumption and use - FIR quashed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Once an application is made by opposite party for referring the matter to arbitration in terms of arbitration agreement, thereafter Court cannot decide the application U.O.39.Rr.1, 2 as nothing further is required to be done. (Arbitration and Conciliation Act, 1996, S.7)...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Possession - Jamabandi - In absence of clear evidence of possession and title entries in jamabandi cannot constitute the basis for concluding that the plaintiff is in possession - Vendor cannot pass to the vendee a title better than his own title or rights better than his own rights - Once the vendor of plaintiff was not..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Co-sharer - Restraining another co-sharer from raising construction over superior and valuable portion of the suit property without getting the same partitioned - Held, plaintiff a co-sharer is entitled to protect the suit land to ensure that the nature of suit land is not changed by another co-sharer - Proceedings for..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Co-sharer - Restraining another co-sharer from raising construction - Defendant seeking permission to raise construction and demolish the same later on after partition - Held, such a course would result into unnecessary complications even in partition proceedings...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Police help to implement order of temporary injunction - When once an injunction order is not carried out, it is always open for the parties to seek police protection to see that the order of temporary injunction is properly implemented...........
Civil Procedure Code, 1908, Order 39, Rule 1(c) -- Temporary injunction - Plaintiff in possession under agreement of sale - Heavy amount paid to vendor on date of execution of agreement - Sale deed could not be executed due to failure of owner to obtain Income-tax Clearance certificate - Plaintiffs cannot be blamed for non payment of remaining amount - Prima facie they..........
