Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining husband to interfere in the wife's possession of property - Wife being legally wedded wife of husband, is entitled to enjoy the benefit of house, in which she is permitted to stay under compromise deed - Family Court rightly granted decree in favour of wife - No exception can be taken to said..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Both plaintiff and defendant are in equal shares of property - Defendant is wife of plaintiff and plaintiff already directed to provide residence in shared household to his wife/defendant in petition u/s 23 of PWDV Act filed by her - In such situation granting of injunction in favour of..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Ad interim injunction - Violation - Police aid - Despite injunction order defendant illegally trying to interfere and threatening to dispossess - Police aid is to be granted - Police aid cannot be denied on the ground that wife of defendant filed another suit and obtained ex parte ad interim order...........
Benami Transactions (Prohibition) Act, 1988, Section 3 -- Benami property - Purchased in the name of wife - Suit for declaration and permanent injunction - Husband secured a Bank loan for purchase of suit property and property still mortgaged to Bank - Suit property became family home as long as parties are married - Wife left the suit property and never returned -..........
Specific Relief Act, 1963, Section 37, 38 -- Permanent prohibitory injunction - Locus standi to file - Plaintiff filed suit in her capacity as wife of her husband, who is co-sharer of suit property along with defendants and other co-sharers - Suit is not filed by plaintiff on behalf of her husband - Moreover, exercise of a right of passage is not dependent on ownership -..........
Specific Relief Act, 1963, Section 39 - - Mandatory injunction - Seeking vacant possession of house in question from daughter-i, law/defendant - Defendant failed to prove that house purchased from funds of Hindu Joint family property - Plea of daughter-i, law that construction of house in question was raised out of funds provided by husband pales into insignificance as..........
Specific Relief Act, 1963, Section 37, 38 -- Permanent Prohibitory injunction - Restraining defendants not to encroach or raise any sort of construction over vacant portion of suit property - Plaintiff proved that he was owner-i, possession of suit land, as he purchased the land from father of defendants on the basis of registered sale deed - One karam of land which is..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Son along with his wife and child living in the property as licensee - Father does not want them to continue any more in the house - Held, suit for mandatory injunction is maintainable - It is not necessary that he must file suit for possession...........
Specific Relief Act, 1963, Section 37, Protection of Women From Domestic Violence Act, 2005, Section 26, Transfer of Property Act, 1882, Section 39 -- Injunction - Dispossession and alienation - Wife seeking restraint order against husband - Provisions of Act of 2005 are incorporated in any civil or criminal proceedings - Wife is entitled to a right of protection to remain..........
Specific Relief Act, 1963, Section 38, 39 -- Injunction - Tenant seeking restraint order against landlord from forcibly dispossessing - Plea of landlord of vacating the premises and handing over possession - Possession taken by landlord by breaking open locks and tenant lodged a police complaint for committing the offence of criminal trespass - Absence of any entry in..........
