Civil Procedure Code, 1908, Order 39, Rule 1, 2, Punjab Village Common Lands (Regulation) Act, 1961, Section 5A, 5B -- Suit for ad interim injunction - Gift of land vested in Panchayat - Suit land was gifted by Gram Panchayat to plaintiff Trust vide a Resolution u/R.13(1) - Said Rule was later held as ultra vires by Apex Court on the ground of being violative of Ss.5A and..........
Specific Relief Act, 1963, Section 38 -- Suit for injunction - Restraining defendants from obstructing peaceful possession of suit property - Entry in register of Panchayat that defendant purchased suit property from its owner whose name was entered as owner in the register - Defendant acquired title on the basis of sale deed - Principle that possession follows title,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Held, filing of an application for temporary injunction by one of the defendants, in a suit for partition is a rarity, though not prohibited - In a given case, one of the defendants can convince Court and seek injunction against plaintiffs, or other co-defendants to protect his..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - When can be granted - Held, it is only when an application U.O.39.Rr.1 and 2 CPC is filed by a plaintiff at the initial stage of suit that trial Court is required to pass orders awaiting service of notice - Even in such cases, Court has to record reasons for granting any ad interim relief -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficiency in Court fee - Plaintiff has not only sought relief of declaration but has also sought relief of mandatory injunction - Plaintiff under garb of suit for declaration and mandatory injunction, was seeking payment of bonds which were payable on demand - Hence, he was liable to pay ad valorem..........
Haryana Municipal Act, 1973, Section 205,240,253 -- Petitioner purchased plot and submitted proposed building site plan with MC for approval and sanction - Plan rejected by MC on ground that property in dispute is public street - Appeal filed by petitioner, accepted by appellate authority - Revision petition filed by MC, accepted by Commissioner and Secretary to..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 26, 15(7), 21(2) -- Jurisdiction of Civil Court - Suit for declaration and permanent injunction - Challenging order of cancellation of allotment - Allotment was cancelled upon finding that petitioner was not eligible as his income was more - Specific bar provided u/s.26 of the Act as to jurisdiction of Civil Court -..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 100 -- Second appeal - Unauthorised occupant - Demised premises allotted to plaintiff being an employee of defendant college and not as a tenant - His services terminated - Consequently he became an illegal and unauthorised occupant - Plaintiff filed suit for injunction restraining defendant from..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Possession - Proof of - Some hurriedly construction raised immediately before filing of suit does not prove that plaintiff is in established possession of suit land - Plaintiff not entitled to injunction...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Possession - Proof of - Plaintiff being neither in possession nor owner of suit property, suit for injunction alone is not maintainable...........
