Court Fees Act, 1870, Section 7(iv)(c) -- Valuation of suit - Suit for permanent prohibitory injunction and cancellation of documents and declaration - Defendant contended that plaintiff ought to have valued the suit on market value rather than nominal value as is done by him - Contention rejected as S.7(iv)(c) of Act gives a discretion to party to the suit to value his..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Suit for permanent prohibitory injunction - Interference in peaceful possession of plaintiff - No boundary dispute between parties - Report of Local Commissioner could be helpful only if there was boundary dispute - More so, plaintiff was in settled possession of suit property - Application rightly..........
Specific Relief Act, 1963, Section 37, Protection of Women From Domestic Violence Act, 2005, Section 26, Transfer of Property Act, 1882, Section 39 -- Injunction - Dispossession and alienation - Wife seeking restraint order against husband - Provisions of Act of 2005 are incorporated in any civil or criminal proceedings - Wife is entitled to a right of protection to remain..........
Agreement to sell -- Specific performance - Defendant proved to be exclusive owner of suit property - Share of brother of defendant was already segregated in family partition - Question of title in a suit for specific performance is not required to be gone into - All pleas taken in defence by defendant are only for the purpose of denying right created in favour of..........
Registration Act, 1908, Section 49 -- Unregistered sale deed - Suit for injunction and specific performance cannot be decreed as no title passes in favour of vendee in absence of registration of sale deed/agreement to sale...........
Specific Relief Act, 1963, Section 37, 38 -- Permanent injunction - Two unregistered sale deeds executed under impression that it is collateral security against advancement of loan - Vendor neither admitted delivery of suit property to vendees nor admitted execution of sale deed in the mode and manner as averred by vendees - No title passes in favour of vendee in absence..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad-interim injunction - Restraining defendant to lay water pipes through the suit land along with pucca path - Pucca path passes through suit land and being used by defendant and villagers, which is constructed by Panchayat - It also leads to the house of defendant - Plaintiff failed to produce any material to deny the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Issue of possession cannot be determined in a suit for injunction in absence of a necessary party in the suit...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Competent civil Court is not powerless to grant appropriate relief at the interim stage of civil proceedings even during pendency of decision as to preliminary issue of jurisdiction if raised by party to suit...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Since the letter of administration did not vest any absolute legal title in applicant Nos. 1 & 2 to sell the disputed property, Court below while exercising its power u/s 151 CPC rightly injuncted applicants from creating third party rights in respect of suit property and restrained them..........
