Suit valuation Act, 1887, Section 4 - - Valuation of suit - Suit for permanent injunction - Suit has been valued as one crore - Defendant has no objection regarding valuation of suit - Held, issue of valuation of suit does not require any determination...........
Court Fees Act, 1870, Section 7(v) -- Court Fee - Suit for declaration, injunction & possession - Once additional and independent relief of possession is claimed then court fee has to be paid with respect to suit claiming relief of possession as per S.7(v) of Act by valuing the property as per the market value on the date of filing of suit - Court rightly directed..........
Civil Procedure Code, 1908, Order 21, Rule 32(1) -- Execution - Decree of injunction - Order of arrest - Provision of O.21.R.32(1) CPC is penal in nature and decree holder has to prove the existence of ingredients of the provision with cogent and convincing evidence - Executing Court however erroneously thrown burden on Judgment debtor completely - Order of arrest cannot..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Suit for mere injunction without seeking a prayer for declaration of title is maintainable...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Non-impleadment of government as necessary party - Part of the suit property rasta/path and rest of it forms part of the property of plaintiff - No obstruction caused by Government in use of the plaint schedule property by plaintiff - It is not for the defendants to plea the cause of Govt. and obstruct..........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Temporary injunction - Vacation of order - It is not open for High Court to give a finding on main issue relating to maintainability of suit and family settlement reached between the parties - Impugned judgment and order of High Court set aside and matter remitted back for fresh disposal...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Disobedience of ad interim order of injunction by a person who is not party to the suit - Held, disobedience by a person who is neither a party nor named in the order would operate against violation of order if Court is satisfied with material on record that person concerned had knowledge of the order of injunction...........
Civil Procedure Code, 1908, Order 39, Rule 2A, Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Proceedings U.O.39.R.2-A against a person who is not party to the suit - Court by exercise of power U.O.1.R.10(2) can strike of names of said respondents from the array of respondents, when there is nothing to show that such respondents had any knowledge of passing of the..........
Family Courts Act, 1984, Section 7(c) -- Jurisdiction - Grant of injunction order - Dispute as to right of wife to live in the house of her husband - Trial Court by impugned order restrained the wife from entering into matrimonial home - Though impugned order is interim order but without assigning any reasons, conducting i, depth analysis for applicable law, trial Court..........
Specific Relief Act, 1963, Section 38 -- Co-sharer - Permanent injunction - Plaintiff in possession of suit property as co-sharer - A co-sharer in established possession can be dispossessed only during the course of partition i.e. by due course of law - Injunction granted, as it is not case of any one that plaintiff is using the land detrimental to the interest of other..........
