Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Un-stamped agreement to sell - Agreement to sell is neither registered nor sufficiently stamped - Said agreement to sell could not have been considered for any purpose for accepting plaintiff's case - However, when defendant has not denied execution of document, so also receipt of part of..........
Guardians and Wards Act, 1890, Section 6, 17 -- Custody of child - Mother defying interim orders for handing over temporary custody to respondent under one pretext or other - But that will not disentitle mother to retain custody of child...........
Service -- Compassionate appointment - Home Guards - As the job performed by the Home Guards is temporary and voluntary in nature, the dependents of Home Guards cannot claim for permanent job or avail benefits provided under Compassionate Appointment Scheme...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from interfering in plaintiff's ownership and possession - Plea of plaintiff that partition had taken place in the year 1970 and suit land had fallen to their share not supported by any document - However, defendants have placed on record Khasra Girdawari issued in the year..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from dispossessing plaintiff or alienating or encumbering suit property - Defendants have disputed marital status of plaintiff with their deceased son and have categorically denied her claim over property or her possession thereof - Validity of marriage becomes a question of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Injunction should not be granted against a co-sharer, except in exceptional cases, and certainly not when issue of relationship and legitimacy itself is partly contested between parties...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from interfering with peaceful possession of plaintiff over suit property - Relationship between parties was of a licensor and licensee agreement - Actual possession remained with defendants - Licensee agreement specifically prohibited any changes in nature of property and..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - For granting interim injunction, three factors are required to be considered i.e. prima facie case, balance of convenience and irreparable loss...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Plaintiff and defendants both are having equal right over property in dispute unless it is divided as a consequence of partition suit - Therefore, to protect the property there is prima facie case and balance of convenience in favour of plaintiff as well as defendants also - Though..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Prima facie case in favour of plaintiff not challenged so High Court not entering into issue of prima facie case - Balance of convenience lies in favour of defendant and it would be defendant who would be facing comparative more hardship and irreparable loss, if temporary injunction is granted -..........
