Civil Procedure Code, 1908, Section 144, Order 39, Rule 1, 2 -- Temporary injunction - Restitution proceedings pending - Title not vesting in the appellant - Merely because proceedings u/s 144 CPC for restitution are pending at the instance of the appellant he is not entitled to raise construction over the land in question or to injunct the respondent from raising..........
Persons with Disabilities (Equal Opportunities to Protection of Rights and Full Participation) Act, 1995, Section 58, 59, 61, 62, 63 -- Chief Commissioner or Commissioner, functioning under the Act, has no power to issue any mandatory or prohibitory injunction or other interim directions, irrespective of the fact that Act clothes them with certain power of civil Court..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Mandatory interim orders are issued in exceptional cases, only where failure to do so will lead to an irreversible or irretrievable situation...........
Constitution of India, 1950, Article 226 -- Writ petition - Exparte ad interim injunction - Court should not grant interim orders in a mechanical manner, on the assumption that the aggrieved party can always seek vacation - Grant of ex parte interim orders, that too mandatory orders, routinely or merely for the asking, on ground of sympathy or otherwise, will interfere..........
Specific Relief Act, 1963, Section 38 -- Injunction - Restraining defendant from transferring an area more than his share - Plaintiff claiming himself to be co-sharer - Defendant claiming exclusive possession as owner on the basis of oral partition which took place between him and father of the plaintiff - Revenue record still reflecting joint possession - Alleged oral..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Restraining defendant from interfering in possession and alienating the suit property - Agreement to sell categorically denied - Court erred while holding prima facie case in favour of plaintiff - Failure to establish all the three ingredients for grant of temporary..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Agreement to sell - Suit for specific performance - Alienation - Substantial amount as earnest money already paid - Temporary injunction cannot be declined on the basis that alienation will be subject to law of lis pendens - No interference warranted in order of lower appellate court granting stay of..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction - Landlord seeking permanent injunction to restrain tenant from interfering in the intended construction to be raised on the first floor of tenanted shop - No proof that roof was part of tenancy - No specific contract for use of roof in favour of tenant - Injunction granted...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for declaration of title on the basis of Will - Ancestral property - Nature and character of property not to be changed during the pendency of the suit...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Unpartitioned property - Restraining other co-sharer from raising construction - A co-owner cannot seek injunction retraining another co-owner from raising construction - However, defendant cannot raise any claim qua the property just on the basis of his raising construction...........
