Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-owner - Restraining raising any further construction - Plaintiff not in possession of property - However, defendant restrained from raising further construction on suit property which is the only vacant piece of land in the entire bigger chunk of land - If defendants are restrained from raising..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Injunction suit - In an injunction suit third party can be impleaded - To avoid multiplicity of proceedings, a third party to suit against whom no relief is claimed can be impleaded as a party defendant provided his presence is necessary for a complete and final decision on the question involved in..........
Hindu Law -- Joint family property - Alienation by karta - Permanent injunction - Held, though co-parceners have right to challenge alienations made by Karta, they have no right to obstruct alienations - Therefore, Courts cannot grant relief of permanent injunction by restraining Karta from alienating coparcenary properties - Hence prayer of permanent injunction prayed..........
Benami Transactions (Prohibition) Act, 1988, Section 4(3), 3 -- Benami property - Deceased husband of plaintiff purchased property in name of his brother as Benamidar - Suit for declaration, partition and injunction filed by plaintiff in respect of suit property - Held, suit is hit by S.4 of the Act as it is not the case set up by plaintiff that suit property is HUF..........
Civil Procedure Code, 1908, Order 21, Rule 32(1) -- Execution - Detention in civil prison - Decree of perpetual injunction - Breach of decree - Other modes of complying the decree viz. to attach the property, providing an opportunity to the J.D. to obey the decree etc. not adhered to - Order of detention in civil prison can be passed as the last resort - Impugned order set..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Construction raised by plaintiff or his predecessor existing in the suit property - Depicts plaintiff in prima facie long established possession - Plaintiff cannot be dispossessed therefrom in execution of partition decree - However, in execution thereof he may take symbolic possession if the same..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Grant of temporary injunction - Validity - Restraining defendant No.1 i.e. Registrar of Trade Union from giving effect to resolution passed by him dissolving Workers Union and other consequential reliefs - Main grievance of plaintiff/Union is against defendant No.4 i.e. President of Union and other Office Bearers i.e...........
Civil Procedure Code, 1908, Order 7, Rule 11, Madhya Pradesh Co-operative Societies Act, 1960, Section 94 - - Rejection of plaint - Validity - Suit for declaration and perpetual injunction against co-operative society - No notice issued before 2 months from date of filing suit by plaintiff - Held, rejection of plaint proper...........
Municipal Laws -- Unauthorized construction - Violation of sanctioned plan - A private party cannot maintain suit for mandatory injunction for removal of construction made by a neighbour in violation of and in deviation from the sanctioned municipal plan...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Relevant consideration for grant of temporary injunction is prima facie case as to possession - At the interlocutory stage, trial Court has to depend mostly upon the documentary evidence...........
