Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Four defendant - Two served with notice - Injunction application not to be decided finally before service of notice to the remaining defendants - Courts below committed a patent error in passing the impugned order as against the defendants not served with notice for injunction - Liberty given to..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction restraining defendants from demolishing latrines and stores of plaintiff - Not part of the house of plaintiff but situated across the street - Public street in between their houses and disputed stores and latrines - In the garb of suit, plaintiff want to perpetuate their illegal occupation on the..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Provision is not applicable to misc. appeal from an interlocutory order passed on the interim injunction application...........
Civil Procedure Code, 1908, Order 7, Rule 10A -- Return of plaint for presentation to proper Court - On re-presentation of plaint, proceedings are to be taken up do novo - Injunction granted by Court ceases to be in force from the time the Court returned the plaint...........
Civil Procedure Code, 1908, Order 7, Rule 7 -- Moulding of relief - Validity - Relief granted in the nature of mandatory injunction is the consequence of moulding of the relief of permanent injunction originally sought for by plaintiff - Held, such a moulded relief was warranted in the facts and circumstances of the case in order to avoid further litigation between the..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Possession - Statement of defendant by itself is not sufficient to belie the entries in the revenue record - Testimony of PW1 that his wife being co-sharer was in possession thereof remained uncontroverted - Defendant is not justified in claiming that she alone is the owner in possession of the suit land, in..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of second suit - Agreement to sell - Injunction suit filed followed by suit for specific performance - In the suit for injunction plaintiff claimed that facts and events have occurred which entitled it to contend that defendant had no intention to honour the agreement - Held, in such situation it was open for plaintiff to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Transfer of Property Act, 1882, Section 52 -- Temporary injunction - Restraining alienation of land - Held, any further alienation would be subject to S.52 of Transfer of Property Act - Injunction rightly refused...........
Criminal Procedure Code, 1973, Section 145 -- Proceeding u/s 145 Cr.P.C. during the pendency of a suit is not without jurisdiction, though it may be inexpedient - Normally the parties approach the Court of competent jurisdiction for granting interim reliefs by way of appointment of receiver or passing of injunction order for avoidance of breach of the peace - Final order..........
Transfer of Property Act, 1882, Section 52 -- Warrants of possession - Objections - Suit for partition, declaration and permanent injunction decreed - Execution proceedings - Objection of JD that a registered power of attorney has been executed in his favour authorizing him to manage and take care of suit premises and thus he is not liable to hand over possession - Said..........
