Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Agreement to sell - Restraint order sought restraining defendant from alienating to property to others - No privity of contract between plaintiff and real owner of suit property - Real owner of suit property cannot be restrained from transferring its property...........
Specific Relief Act, 1963, Section 34, 38, 39 -- Suit for declaration, permanent and mandatory injunction - Ex parte evidence - Defendants not contested the suit and proceeded ex parte - Plaintiff by way of his ex parte evidence proved its case that she along with defendant Nos.1 and 3 purchased the property and verbal settlement arrived at between them with respect to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining appellant from interfering peaceful possession and enjoyment of `A' schedule property - Plaintiff failed to show any semblance of evidence that he is in possession of `A' schedule property - Even on the contrary, plaintiff suffered adverse findings in this regard in his earlier..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Disobedience of injunction decree - Decree holder has alternative remedy U.O.21 CPC - Application dismissed - Order upheld...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim Injunction - Ancestral property - Inheritance prima facie is from a direct male ancestor exceeding three degrees higher than themselves - Plaintiffs only intend that defendant should not alienate, encumber, transfer or change the nature of suit property in any manner during pendency of suit - They have not..........
Civil Procedure Code, 1908, Section 9, Land Acquisition Act, 1894, Section 4 -- Jurisdiction - Jurisdiction of civil court is barred to challenge the notification u/s 4 of Land Acquisition Act and no declaration or permanent injunction can be granted - Only right available for person aggrieved is to approach High Court u/art 226 of Constitution...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Nuisance - Feeding of birds, by neighbourer, by placing a tray below balcony window - On account of said feeding from metal tray, a large number of birds frequent said tray causing nuisance to plaintiff on account of bird droppings as well as filth created by birds - A person cannot use his premises..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Mandatory order - Court is within its powers to pass an order which would make the grant of temporary injunction meaningful...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for declaration and permanent injunction against 102 defendants - Admittedly there is no addresses of defendants separately furnished and no summons to any registered address of defendants issued or obtained - There was not even any service of notice - Summons of all the defendants were..........
Specific Relief Act, 1963, Section 38 -- Suit for fixation of boundaries by way of demarcation of land and for permanent prohibitory injunction as well as for possession - Proof beyond pleading - Court not to look into that aspect - As no specific evidence, whatsoever has been led on record to prove averments contained in plaint where specific allegation of interference,..........
