Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Original suit filed by defendant for permanent injunction whereas plaintiff filed SCC suit - Jurisdiction of both the suits are quite different - No evidence to establish that Court in which original suit is pending is also competent to try SSC suit - Proceeding of Small Cause Courts is summary in nature -..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for permanent injunction - Agricultural land - A recorded tenure holder having prima facie title in his favour cannot be directed to approach Revenue Court for seeking relief of injunction - Suit for injunction is thus, maintainable before a Civil Court...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Rejection of application on ground of lack of pecuniary jurisdiction - Court did not return the plaint and did not follow procedure prescribed U.O.7.Rr.10, 10-A CPC - Impugned order set aside - Application U.O.39.Rr.1,2 CPC allowed - Matter remanded to trial Court to comply with requirements of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1 -- Temporary injunction - Scope of appeal U.O.43.R.1 CPC - Order granting or refusing injunction is within sole discretion of Court of first instance and appellate Court should not interfere in discretion exercised by Court of first instance unless it is shown that discretion..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1 -- Temporary injunction - Court below exercised the discretion by restraining defendant from interfering in peaceful possession of property as well as restraining them from alienating property in any manner - Such exercise of discretion does not seem to be arbitrary, patently..........
Civil Procedure Code, 1908, Section 9, Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, Section 331 -- Jurisdiction of civil Court - Suit for permanent injunction and cancellation of sale deed - Plaintiff on the date of institution of civil suit was not recorded in revenue records rather defendant was recorded in revenue records - Civil suit for permanent..........
Civil Procedure Code, 1908, Order 7, Rule 11, Specific Relief Act, 1963, Section 39, Court Fees Act, 1870, Section 7, Suits Valuation Act, 1887, Section 8 -- Rejection of plaint - Suit for mandatory injunction - Once suit is valued for the purpose of jurisdiction then court fee is to be paid ad valorem on such amount - In the instant case suit valued for the purpose of..........
Civil Procedure Code, 1908, Section 9, Maharashtra Housing and Area Development Act, 1976, Section 71, 177 -- Jurisdiction of civil Court - Plaintiff instituted suit for injunction as her easements were infringed by illegal construction which defendant had erected on the open space - Relief claimed in the suit beyond scope of Act of 1976 - Suit is maintainable before civil..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of Civil Court - Demand of additional electricity consumption charges in view of audit objection - Suit for declaration that audit objection is invalid and consequential injunction restraining defendants from claiming additional electricity consumption charges - As there is no alternative remedy of filing statutory..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant bank from seizing/taking possession of vehicle from plaintiff/owner - Default in repayment of loan - Once there is condition in the loan agreement that in the event of non-payment of installments within the time stipulated in the agreement, bank is entitled to take possession of..........
