Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Issuance of urgent notice to defendant - Where Court is not inclined to grant temporary injunction or decides to issue urgent notice, Court should issue urgent notice and post the matter to a shortest date...........
Court Fees Act, 1870, Section 7(iv)(c), 7(v) -- Court fee - Suit for declaration, joint possession and permanent injunction - Plaintiffs on the one hand have claimed that they are in possession of suit properties and have sought injunction also - However, on the other hand they have prayed that if they are not found to be in possession, a decree of joint possession be..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Registered partition deed was acted upon, which is admitted by defendant - However, defendant failed to prove that partition deed and both the sale deeds have been forged - Suit rightly decreed in favour of plaintiff...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Suit for cancellation of sale deed - Mere ground or averment in the plaint that executant of a registered document was not of stable mind, cannot be a ground for cancellation of a duly registered document - No prima facie case and balance of convenience is in favour of plaintiff -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from selling or transferring shares of plaintiff to third party - Plaintiffs failed to place material on record which reveals existence of prima facie case in their favour - Dispute is with respect to equity shares in the holding which have a market value - In case plaintiffs..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent prohibitory injunction - Violation of decree - DHs alleged that JDs in violation of decree had raised a wall on the suit land blocking the passage - However, DH did not make any effort to prove spot identification - DH placed reliance upon site plan, prepared by deed writer - However, DH did..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and permanent injunction - Amendment sought to incorporate relief of recovery of possession - It is specific case of plaintiff that after filing of suit criminal case was registered against her, she was arrested and in the meanwhile defendant illegally occupied the suit property -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Infringement of trade mark - Trade mark of defendant is visually, phonetically, structurally and deceptively similar to plaintiff's registered trade mark with the similar symbol for which plaintiff has secured trade mark registration certificate and has been using the same since long - Defendant's..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Use of tubewell - Electricity connection in the name of defendant - Both the parties are owners to the extent of equal share and joint cultivation reflected in the revenue record - Held, one of the co-sharers of tubewell cannot deprive right of irrigation to other co-sharer by..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit land is joint and defendant was trying to usurp best portion of same without getting it partitioned as per plaintiff - However, defendant has raised a specific plea that suit land stood partitioned and partition had been implemented - Appeal filed against order of partition was dismissed in..........
