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...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Police aid - Can be granted when there is threat of breach, disobedience or violation of order of injunction/ad interim injunction - Once the order is breached or disobeyed, then party has to take recourse to O.39.R.2-A or U.O.21.R.32 CPC...........
Civil Procedure Code, 1908, Order 1, Rule 8A -- Suit for injunction and damages - Land allotment through Government orders - No Government order or other documents evidencing the so-called title of defendant placed on record - Plaintiffs claim title on the basis of land assignment whereas defendant claim on the basis of Government orders - Held, this is sufficient for the..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Inspection of land - Suit for perpetual injunction - Averment by plaintiffs that `cattle pen' (Aavadu Dhoddi) exists on suit land - Defendants contradicted said plea by filing counter affidavit - Held, appointment of Advocate Commissioner is necessary to note physical features with regard to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Due diligence - Suit for mandatory injunction seeking direction to defendants to settle accounts and make payment accordingly for work executed by plaintiff - It was always open to defendants to take preliminary objection on basis of cl.46.0 of tender in written statement - Defendants have..........
