Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Breach of contract - Only remedy is to claim damages - Suit for declaration and mandatory injunction is not maintainable - Rejection of plaint calls for no interference...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Grant of - Respondent showing the possession of three biswas out of Khasra No.38/16/1, which was the subject matter of the suit filed by plaintiff, was with plaintiff and was lying vacant and of which the possession was not taken by the LAC and no compensation was paid to plaintiff - It could not be..........
Specific Relief Act, 1963, Section 37 -- Permanent injunction - Plaintiff alleged that he is owner in possession of suit property - He sought permanent injunction restraining defendants from demolishing shops as they have no concern with suit property - Defendants resisted suit on ground that suit land had been acquired - However, evidence on record shows that disputed..........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Defendant filed reply to application for temporary injunction filed by plaintiff - Application to treat the reply as written statement to the main suit of permanent injunction - Rejection of - Legality - Held, trial Court had erred in rejecting the Application for treating the reply as written statement - Order passed on..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Arbitration and Conciliation Act, 1996, Section 9 -- Interim relief - Grant of - Procedure to be followed - Held, S.9 of the Act does not lay down any specific condition or any procedure for grant of interim relief - Therefore, when a party approaches a court of law for grant of relief by way of injunction in the absence of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim relief - Ultimate relief when not available, it cannot be extended by way of interim measure or an order of injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Refusal - Respondent/defendant is in possession of suit premises and running business in the name and style of Hotel Al Zam Zam - Relief of temporary injunction sought by Appellant/Plaintiff restraining respondent/defendant from continuing with hotel business from suit premises pending decision of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Grant of - Held, merely because appellants/plaintiffs have claimed a specific relief of temporary injunction, which is also one of the relief(s) claimed in the plaint, it would not automatically follow that grant of such relief would be in the nature of final relief - Court has to go through the..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2(1), 2(2) - - Temporary injunction - Inherent powers - Exercise of - Held, where Court finds that though a case is made out for grant of temporary injunction u/R.2(1) of O.39 of CPC but such a relief cannot be granted for some reasons, Court can invoke its inherent power u/s 151 of CPC to impose certain conditions..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Agreement to sell - Suit for permanent injunction - Allowed to be amended for seeking relief of specific performance as relief of specific performance accrued during pendency of suit - Suit for specific performance is deemed to be filed the day application for amendment was filed and not the day on..........
