Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit for permanent injunction - Sale deed executed by predecessor of plaintiff in favour of third party sought by way of additional evidence by defendant - Plaintiffs are claiming right in disputed property through their predecessor and defendants are contesting suit on the ground..........
Civil Procedure Code, 1908, Section 47, Order 1, Rule 10 -- Execution - Decree of mandatory injunction against daughter-in-law by father-in-law - Objection as to no, impleadment of minor child of daughter-in-law - However, said objection was specifically dealt with by trial Court in application U.O.1.R.10 CPC and rightly dismissed - Even otherwise, property in question is..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent and mandatory injunction and possession - Relief of declaration is sought by way of amendment - Plaintiff pleaded in plaint that defendant has no right, title and interest and there is effort to encroach upon certain portion of land owned by plaintiff - Plaintiff also prayed for decree..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent and mandatory injunction and possession - Amendment sought to add certain facts which were necessary for adjudication of dispute between parties - Such amendment will not change nature of suit - Property in suit will also remain the same - Plaintiff only wants to correct a mistake and..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining co-sharer from raising construction - Defendant purchased demarcated portion of land from plaintiff No.2/co-sharer and obtained a sanction plan from local Gram Panchayat for construction in said portion - Admittedly, defendant after purchasing said portion of land raised construction over..........
Copyright Act, 1957, Section 13(1)(a), 13(1)(c), Civil Procedure Code, 1908, Order 39, Rule 1 -- Film song - Temporary Injunction - Sale of rights of sound recording for purpose of making and selling gramophone records also right to utilise sound tract for purpose of re-recording and subsequent manufacture, issue and sale of gramophone - Held, can at most be termed as..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of widow of deceased defendant - Suit for demolition, permanent injunction and other consequential reliefs - Widow of deceased defendant is a necessary party, particularly when it was she who carried out the encroachment extension over suit property as alleged by plaintiff - Application for impleadment of widow..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of Bank as a party - Suit for mandatory injunction - No dispute inter se bank and borrower - No relief sought against Bank - Cause of action disclosed in plaint is that plaintiff is owner of disputed property and defendant is its licensee who has not vacated despite termination of license - Relief of mandatory..........
Evidence Act, 1872, Section 102 -- Burden of proof - Joint property - Plea of partition - Suit for permanent injunction - Defendant purchased property from son of plaintiff/co-sharer, who had no exclusive right, title and interest over property - Plea of partition taken by defendant that property is already partitioned between plaintiff and his sons including his vendor -..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendant from entering upon suit land and thereby creating any disturbance - Defendant purchased portion of joint family property from co-sharer/son of plaintiff, without consent of others, who acquired the same by partition - However, property stands in the name of father of plaintiff in record..........
