Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession, permanent injunction and mandatory injunction - Plaintiff sold the property to defendant No.1 by executing the documentation being agreement to sell, general power of attorney (GPA), Will, receipt etc. - Transfer of rights in an immovable property is a bilateral act, thus, said contract cannot..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 341, 342, 149, 384, 511, 506 -- Anticipatory bail - Offence u/ss 341, 342, 149, 384, 511, 506 IPC - Specific allegations against petitioner that he organizing Dharnas/Demonstrations etc. outside the school premises regarding hike of fee structure - Various other educational institutions have..........
Civil Procedure Code, 1908, Order 39, Rule 1, Trade Marks Act, 1999, Section 29 -- Infringement of Trade Mark - Injunction - Passing off - Evidence led by plaintiffs witnesses duly proved contents of plaint and case set forth by plaintiffs - Even, despite sending letters defendant No.1 failed to appear in the case and rather went on infringing plaintiffs trade mark -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Suit for declaration and permanent injunction on the basis of Will and Codicil - Testator of Will is still alive thus plaintiff has no cause of action to file the suit, as contended by defendant - However, documents in question are created in praesenti - From the averments of document,..........
Possession -- Claimed as alternative relief - Suit for declaration with consequential relief of injunction and alternative relief of possession - Grant of decree of declaration and permanent injunction - Appellate Court modified decree by granting relief of possession also as it came to conclusion that suit land is owned by plaintiff and part of same was in possession of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Suit for mandatory injunction filed by father-i, law against daughter-i, law - Father-i, law proved to be owner of suit property - Daughter-i, law thus, has no right to reside in suit property which is owned by her father-i, law - Suit rightly decreed - Second appeal dismissed...........
Specific Relief Act, 1963, Section 41(h) -- Suit for injunction - Maintainability - No injunction can be granted if equally efficacious remedy is available by any other usual mode of proceeding...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Suit for declaration and injunction - Instituted upon unregistered agreement to sell executed much after cut-off date - Therefore, plaintiff cannot take benefit of S.53-A of the Act as his claim is based upon unregistered document and hence, plaintiff claim is not maintainable...........
Infringement of Copyright -- Permanent injunction - Damages - Testimony of witnesses of plaintiff and documentary evidence adduced has proved the case of plaintiff hence, plaintiff is entitled to decree of permanent injunction - Since, acts of defendants not only pose grave threat to entire creative business of plaintiff but also affect livelihood of many creative..........
Specific Relief Act, 1963, Section 38 -- Permanent prohibitory injunction - A decree of permanent prohibitory injunction can only be issued if plaintiff is found to be in possession, especially when title is based on possession...........
