Specific Relief Act, 1963, Section 38(3) -- Injunction - Electric connection - Plaintiff lawfully occupying the property with due permission of owner - While owner may not be obliged to provide electricity connection, he can't certainly obstruct the electricity connection to the occupied property, when the same can be legally secured by the occupier under the norms of..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Interim injunction - Disobedience - A person cannot be held guilty of disobedience merely on the basis of constructive notice or surmises - For constituting the wilful disobedience of the injunction order the disobedience must be wilful and both should be proved by cogent evidence...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Interim injunction - Disobedience - Defendant Nos.1 to 3 were not a party to suit when injunction order was passed - Nor they had knowledge about injunction order - Defendants were not bound by said injunction order, thus, cannot be held liable for disobedience of injunction order U.O.39.R.2-A CPC - Application rightly..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendant from stopping plaintiff from making his construction thereby changing the nature of suit property from open land to a constructed house - Object of interim injunction is always to preserve the suit property in its present form - Court would not become a party to get the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Prima facie case - Plaintiff heavily relied on the khatauni to show that he is Bhoomidhar, therefore, enjoys proprietary rights - Revenue records are meant for collection of revenue - They are not evidence of title in themselves - Plaintiff failed to show that how he came into possession of property in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - An interim order cannot be treated to be basis of suit because interim orders do not adjudicate rights of parties, they are merely passed to protect the bona fide litigant for the period, adjudication of his rights are made by Court...........
Civil Procedure Code, 1908, Section 10 -- Stay of suit - Previous suit instituted for declaration of title and injunction - Subsequent suit for partition and separate possession - Causes of action in both the suits is entirely different and subject matter involved in both suit is also quite different - Both suits are neither between same parties nor regarding same..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendants from interfering in any manner over suit property - Both the parties claiming ownership rights in suit property while plaintiff claims on the basis of registered sale deed - Whereas defendants claim ownership and possession on the basis of Will - Assertions of both the parties..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-sharers - Alienation - Both the plaintiffs, one of advanced age and the other due to his infancy require protection of their interest - More so, being co-sharers, in case of alienation, their interest would be adversely affected - Balance of convenience lies in favour of plaintiff - Due to grant..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Encroachment and construction during pendency of suit - Plaintiff is not under an obligation to seek further relief of demolition and removal of encroachment - Court has to look into situation as it was on the date of institution of suit and for subsequent events specific relief is not required to be added in..........
