Specific Relief Act, 1963, Section 38 -- Simpliciter suit for permanent injunction - Decree passed in such a suit would be binding only upon parties to suit and not upon any third party who is not impleaded therein...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Plaintiff failed to establish his possession over suit property as on the date of filing of application for interim injunction - Prayer of plaintiff for ad interim injunction against defendants can only be founded on prima facie case, balance of convenience and irreparable injury which in turn would..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Joint family property - Suit property was allegedly purchased in the name of father of parties from joint funds - Burden to prove said fact is upon plaintiffs which they failed to prove - Finding that property was self acquired is a pure finding of fact based upon proper..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Court while deciding an application U.O.39.Rr.1, 2 CPC, may take into account revenue records and or material of criminal proceedings only for limited purpose of forming a prima facie view, without allowing such material to influence or prejudge final adjudication of civil rights, which must await a..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - While deciding application U.O.39.Rr.1, 2 CPC, Civil Court can very well place reliance upon affidavit so also material placed before it which may also include documents pertaining to criminal investigation/case or documents pertaining to revenue records or orders passed by revenue Courts regarding..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Revenue entries though not documents of title are relevant indicators of possession and can be considered at the injunction stage...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Admissibility of a document in evidence cannot be decided at the stage of O.39.Rr.1, 2 CPC nor a document can be ignored upon an objection regarding its inadmissibility in evidence at that stage for the purpose of deciding issue of prima facie case...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - For succeeding in an application U.O.39.Rr.1, 2 CPC, establishment of prima facie case is sine qua non and once said issue is decided against plaintiff, order cannot be interfered merely on the ground that issue of balance of convenience and irreparable injury was not decided in great detail...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Wakf property - Suit for injunction - Jurisdiction of Tribunal under Wakf Act - Suit property neither specified in `list of auqaf' as published in Chapter II nor registered under Chapter V of Wakf Act - Decision as to whether property is a waqf property or not cannot be decided by Tribunal since property..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Detention in civil prison - Violation of decree of injunction - Executing Court passed the detention order without issuing notice or affording any opportunity of hearing to JD - Such an order which entails deprivation of personal liberty is in clear violation of principles of natural justice - Failure to follow..........
