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and second suit for declaration, permanent injunction, recovery of possession and mesne profits - Earlier suit withdrawn but no liberty granted to file a fresh suit on the same cause of action - Plea that relief of possession could have been claimed..........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..........
Court Fees Act, 1870, Section 7(iv)(c) -- Sch. 2, Article 17(iii) - Suit for permanent injunction and for declaration - Plaintiff making allegation that instrument is void and hence not binding upon him - Held, if a declaration simplicitor is prayed, then plaintiff is not required to pay ad volrem court fee - Fixed court fee will be payable under Article 17, Sch. 2 of the..........
Court Fees Act, 1870, Section 7(iv)(c) -- Suit for permanent injunction and declaration - Plaintiff making allegation that instrument was void on the ground that document was forged one and it does not bear the signature of the executor - Plaintiff party to the instrument - Held, plaintiff not required to pay ad volrem court fee...........
Public street -- Obstruction - Suit for declaration that suit property is a public rasta, for mandatory injunction for removal of structures and injunction from interfering with the use of the same - Suit filed for the benefit of himself and for the benefit of the residents of the locality in respect of usage of a lane claiming it as a public lane - Suit is not..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - At the time of hearing ad-interim injunction application Court is to find out as to whether suit itself is legally maintainable - If suit itself is not maintainable then there is no question of grant of ad interim injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - At the behest of a purchaser from a co-owner against another co-owner - Similiciter suit for injunction filed by a purchaser from a co-owner against another co-owner is not maintainable - When suit itself is not maintainable then ad interim injunction cannot be granted - The only remedy available to..........
Land Acquisition Act, 1894, Section 18, 30 -- Plaintiff sought permanent injunction against the defendants not to receive the compensation of the acquired land in dispute, which is to be paid by the Collector - Held, no injunction can be granted to restrain the defendant from instituting or prosecuting their statutory proceedings as it would amount to restraining the..........
