Telephone -- Excessive bills - Suit for mandatory injunction for direction to the defendants to appoint an Arbitrator to settle the dispute - Civil Court has the jurisdiction to legally enforce the right provided to a subscriber under S.7-B of the Telegraph Act, 1885 - Held, suit is maintainable...........
Specific Relief Act, 1963, Section 38 -- A suit for bare injunction is maintainable without a prayer for declaration of title...........
Civil Procedure Code, 1908, Section 9 -- Sale deed - Suit for cancellation - Relief for possession of agricultural land and injunction also claimed - Main relief being cancellation of sale deed - Plea of limitation liable to be decided on evidence - Held, suit before civil Court is maintainable...........
Specific Relief Act, 1963, Section 38, 34 -- Attempted disturbance to an easement - Suit for mere injunction is maintainable and the Court is bound to grant that relief if a case is made out and the right is established - Absence of a prayer for declaration of the right is immaterial. (Easements Act, 1882, S.35)..........
Civil Procedure Code, 1908, Section 92 -- Suit for declaration that suit property belongs to religious or public trust and for permanent injunction - Suit is under general law and S.92 of the Code is not applicable - Dismissal of such suit for non compliance with procedure under S.92 of the Code is illegal - Suit is maintainable under general law...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Prima facie case is not to be confused with prima facie title - Prima facie case means a case which cannot be thrown out on technicalities such as the suit barred by limitation or the like - If the suit cannot be thrown out on technical grounds as not maintainable and if the suit is such that the..........
Specific Relief Act, 1963, Section 34, 37, 38 -- One of the L.R's of the original tenant not impleaded in the eviction petition - Suit filed by that L.R. for a declaration that the order of eviction is not binding on her and also seeking injunction restraining the enforcement of the order of eviction - It is sufficient to impleaded the legal heir who was paying the rent..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Suit for mere injunction without seeking relief of specific performance of agreement of sale is not maintainable unless plaintiff establishes his readiness and willingness to perform his part of the contract - Plaintiff failed to prove payment of balance of sale consideration as per agreement of sale - Suit therefore barred..........
Specific Relief Act, 1963, Section 41(h) -- Agreement of sale - Suit for permanent injunction - Not maintainable when efficacious relief of specific performance of agreement of sale is available...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and injunction - Plaintiff not in possession - Relief of possession not claimed - Suit is not maintainable...........
