Civil Procedure Code, 1908, Order 39, Rule 2-A, Constitution of India, 1950, Article 226 -- Disobedience or breach of order of injunction - Application U.O.39.R.2-A CPC filed - Writ petition also filed to obtain similar order as would be passed by Civil Court - Held, Civil Procedure Code is a comprehensive Code to protect the interest of any party against the party..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - D.H. complaining interference by JD in his possession - Executing Court dismissed execution application observing the revenue entries and report of Superintendent of Police do not support possession of DH - Order of executing court set aside - Held, judgment of competent civil..........
Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Section , Order 39, Rule 1,2, Specific Relief Act, 1963, Section 38 -- Ex parte report of local commissioner - Evidentiary value - Suit for permanent injunction - Commissioner appointed to conduct spot inspection at the behest of plaintiff, without notice to defendants - Advocate commissioner who..........
Limitation Act, 1963, Article 64, Civil Procedure Code, 1908, Order 6, Rule 7 -- Adverse possession, alternative plea, inconsistent plea - Suit for injunction and fixation of boundary - Defendant claimed title in respect of suit property under oral agreement of sale allegedly executed with predecessor of plaintiff - Held, plea of adverse possession taken by such defendants..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Can be executed by D.H. or his legal representatives against J.D. or transferee of J.D. who is a purchaser pendente lite...........
Specific Relief Act, 1963, Section 37, 38, Civil Procedure Code, 1908, Order 21, Rule 32 -- Decree for injunction - Decree is a decree in personam and it does not run with the land - However, decree for perpetual injunction can be executed U.O.21.R.32 CPC by attachment of property of J.D. or by detention in civil prison or by both...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of second suit - Earlier suit filed for permanent and mandatory injunction and second suit for declaration, permanent injunction, recovery of possession and mesne profits - Earlier suit withdrawn but no liberty granted to file a fresh suit on the same cause of action - Plea that relief of possession could have been claimed..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Subsequent suit - Bar U.O.2.R.2 CPC - Earlier suit for permanent and mandatory injunction praying that present petitioner be restrained from selling and using the property in question - Present suit has been filed by respondent No.1 for declaration, permanent injunction, recovery of possession and mesne profit/damages -..........
Specific Relief Act, 1963, Section 41(4) -- Injunction suit - Alternative remedy - Remedy to file suit for specific performance of sale agreement accrued to the plaintiff - Plaintiff filed suit for injunction - Held, suit for injunction is barred u/s 41 (4) of the Act when equally efficacious remedy is available to the plaintiff to file suit for enforcement of sale..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Injunction - Plaintiff developer has instead of paying anything for purchasing development rights received Rs.12,000,00/- from defendant society which is consistent with payment being towards construction cost - Held, appellant could not claim to have been put in possession - MOU entered into in 1994 - Till 2008 not a brick..........
