Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Failure to establish ownership - Only on the basis of possession on public land plaintiff cannot claim prima facie case in his favour nor balance of convenience is in his favour as land in dispute is for use of public - Temporary injunction declined - Order upheld...........
Civil Procedure Code, 1908, Section 151 -- Possession delivered in pursuance of a decree for specific performance and execution of sale deed - J.D. filed injunction suit and obtained interim order to maintain status quo in respect of suit property - Stay order granted and extended from time to time - However, order of status quo was not in existence on the date of issue of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Plaintiff not found in possession - Still order of status quo passed - Court can pass an order of status quo and restraining alienation of property only when it comes to the conclusion that plaintiff is in possession and there is a threat of the property being sold - Impugned order set aside...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Grant of - Case of respondents in written statement that they are in separate possession of land in family arrangement - This fact has not been denied by filing replication - Respondents are claiming possession over suit land under family arrangement i.e. with the consent of petitioner..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent prohibitory injunction - Permissibility - As per agreement to sell executed by father of defendant and defendant clearly states that possession is given to plaintiffs - Plea of defendants that agreement to sell in favour of minors is invalid - But nowhere father of plaintiffs stated that he entered into..........
Civil Procedure Code, 1908, Order 8, Rule 6, 6-A -- Counter claim - In a suit for permanent injunction and accounting - Counter claim is not confined to money suit - By way of counter claim any relief against plaintiff can be asked for - Only rider imposed is that counter claim shall not exceed pecuniary jurisdiction of Court...........
Arbitration and Conciliation Act, 1996, Section 9 -- Bank guarantee - Invocation of - Injunction - Delay in disposal of arbitration proceedings - Held, mere delay in disposal of arbitration proceedings cannot be such a ground so as to hold that a fresh cause of action has accrued to petitioner merely because bank guarantees were extended subsequent to passing of order by..........
Specific Relief Act, 1963, Section 38 -- Suit for injunction - Plaintiff in possession - Interference by defendant in the physical possession of suit property - Possession substantiated by documentary proof executed in favour of plaintiff viz. General Power of Attorney, Deed of Agreement, Will, Receipt and Affidavit - In a suit for injunction question of title does not..........
Agreement to sell -- Specific performance - Limitation - Suit for injunction filed when suit for specific performance could have been filed - By way of amendment of plaint suit was transformed into a suit for specific performance - Such amendment operates from the date the application for amendment was allowed - When by such date suit for specific performance is barred..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Implementation - Police help - Court can issue directions to police and local authorities or officers concerned to ensure the compliance of its ad interim injunction order directing parties to maintain status quo, and it is obligatory for the State authorities to comply with such order...........
