Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 26, Rule 1 -- Temporary injunction - Inspection of property - Inspection of any property which is subject matter of suit can be permitted only with a view to arrive at a just decision for considering an application preferred U.O.39.Rr.1 & 2 - If adequate material is already available to..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for declaration with respect to Will and permanent injunction - Applicant seeking impleadment on his claim that he is in possession as a lessee - Applicant has nothing to contest with regard to validity of Will in question - So far as injunction part is concerned that is only for restraining the..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Implementation - Police help - Cannot be denied on the ground that defendants were arrested u/ss 107/151 Cr.P.C. as there was scuffle between the parties - Held, it rather strengthens the case of plaintiff for grant of police help as it depicts that defendants did try to interfere in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for specific performance - Injunction to restrain vendor from transferring, assigning, leasing, mortgaging the property in dispute - Time regarding payment of balance price was the essence of contract and such payment was not dependent upon plaintiff's satisfaction regarding title and also not..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of party - Suit for specific performance and permanent injunction - L&DO denied NOC to plaintiff company to commence construction activity at suit premises - Impleadment of L&DO sought as co-defendant in suit - Held, suit property is leasehold property vested with L&DO - L&DO has direct interest in property in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff not coming to Court with clean hands - Plaintiff not entitled for temporary injunction...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Suit for declaration of title and injunction - Failure to give measurements of land - Effect - No measurements given in plaint, as to length and breadth, land had been trespassed - Held, suit ought not to have been decreed - Impugned decree liable to be set aside...........
Family Courts Act, 1984, Section 7(1)(c), 7(1)(e) -- Jurisdiction of Family Court - Held, a suit or proceedings between parties to marriage with respect to property of parties or either of them is maintainable before Family Court - Therefore, when a husband sues his wife for recovery of his property such a suit will squarely fall within jurisdiction of Family Court and..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from interfering in possession and from causing any damage to the building and machinery - Proprietorship filling station - Plaintiff entered into partnership with defendants but Indian Oil Corporation did not allow plaintiff to run the Filling station in partnership -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Lessee in possession after expiry of lease period - Not entitled to injunction...........
