Specific Relief Act, 1963, Section 37, 38 -- Co-sharer - Suit for permanent injunction - No documentary evidence to show that either of the parties is in exclusive possession of their respective shares - No injunction suit is maintainable against co-sharer and remedy lies elsewhere...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Trespasser has no right to seek injunction against true owner...........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Possession in pursuance of oral agreement to sell - Injunction sought restraining defendant from eviction plaintiff otherwise than in due course of law and not to transfer the disputed land and interfere in the peaceful possession - Such unregistered agreement does not create any right of plaintiff -..........
Specific Relief Act, 1963, Section 37, 38 -- Permanent Prohibitory injunction - Restraining defendants not to encroach or raise any sort of construction over vacant portion of suit property - Plaintiff proved that he was owner-i, possession of suit land, as he purchased the land from father of defendants on the basis of registered sale deed - One karam of land which is..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Non-framing substantial question of law - Suit for perpetual injunction dismissed by both trial Court and first appellant Court - High Court committed error by reversing the judgment of trial Court and appellate Court without formulating substantial question of law and complying with mandatory requirements of S.100..........
Family Courts Act, 1984, Section 7(1) -- Explanation (d) - Suit or proceeding for an order or injunction - There is no necessity that parties to marriage should be there in the party array, in order to bring a suit or a proceedings within the ambit and scope of S.7(1) Explanation of the Act...........
Family Courts Act, 1984, Section 7(1) -- Explanation (d) - Expression "as an order or injunction" held to cover all possible reliefs that may be claimed in such suit or proceedings, including any decree...........
Specific Relief Act, 1963, Section 38, 39 -- Injunction - Where plaintiff fails to prove possession in a suit for permanent prohibitory injunction or mandatory injunction, suit is liable to be dismissed...........
Specific Relief Act, 1963, Section 38 -- Permanent prohibitory injunction - Grant of relief is discretionary and based on equity - A party which seeks equity, must do equity and should come to Court with clean hands...........
Specific Relief Act, 1963, Section 38, 39 -- Permanent prohibitory injunction - Issue of limitation - Can be taken by defendants before appellate Court even though it had not been raised before trial Court or first appellate Court, as the defendants have taken this ground in the memo of appeal and substantial question of law has been framed in this regard...........
