Specific Relief Act, 1963, Section 34 -- Suit for declaration - Simple suit for declaration without claiming alternative relief of injunction, if plaintiff is in possession, or of possession, when plaintiff is out of possession, is not maintainable...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment - Transferee pendente lite - Board of Revenue without referring the parameters of impleadment of a party, allowed the impleadment application of persons who have purchased the suit property in defiance of an injunction order passed by Court - Impugned order of allowing impleadment application being bad in law set..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Injunction suit - Amendment sought to incorporate the relief of mandatory injunction of alternative site for second bridge - One common tender was called for construction of two bridges and one single agreement was signed - Terms and conditions for both the bridges are same - Amendment seeking relief of..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Disobedience of order of injunction, when it was in force - Disobedience does not get erased even when order is subsequently set aside - Contemner can still be punished for disobedience...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Disobedience of order of injunction, when it was in force - Suit ultimately dismissed - It is a mitigating factor but cannot relive the consequences and lend premium to disobedience - Costs of Rs.25,000/- imposed in lieu of simple imprisonment ordered for a period of one month - Finding that contemner is guilty of..........
Specific Relief Act, 1963, Section 38(3) -- Injunction - Restraining defendant from disconnection electricity - Injunction can be granted when there is threat to invade the right to fully enjoy the property - Electricity is an essential requirement for any occupied premises and if a occupier is threatened with disconnection of power, it certainly amounts to invasion of the..........
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..........
