Specific Relief Act, 1963, Section 41(b) -- Injunction - Cannot be issued in favour of plaintiff to obstruct execution of decree, particularly, when he failed to prima facie establish his ownership and possession over house in dispute...........
Specific Relief Act, 1963, Section 39, 41(h) -- Mandatory Injunction - Suit not barred by provision of S.41(h) of the Act, as plaintiff held to be owner of suit property and is residing in the same accommodation, thus, cause of action has arisen to plaintiff for filing suit for mandatory injunction - Plaintiff cannot be compelled to file a suit for possession, as held by..........
Specific Relief Act, 1963, Section 41(h) -- Suit for injunction filed when remedy of filing suit for specific performance was available - When an equally efficacious relief can be obtained by any other usual mode, an injunction shall be refused - Dismissal of suit by first appellate Court calls for no interference...........
Specific Relief Act, 1963, Section 41 -- Injunction - When plaintiff can claim an efficacious relief of specific performance, Court shall not grant injunction based on agreement of sale...........
Specific Relief Act, 1963, Section 41 - - Joint Hindu Family - In absence of any division, entire property being in co-ownership of all parties, injunction at behest of one co-owner against others cannot be granted...........
Specific Relief Act, 1963, Section 39, 40, 41(h) -- Perpetual injunction - Cannot be granted when equally efficacious relief can be obtained by any other usual mode of proceeding...........
Specific Relief Act, 1963, Section 39, 40, 41(h) -- Suit for mandatory injunction directing defendant to discharge obligation of payment of assessed contract value arising out of contract bond with interest - Held, appropriate remedy is to file suit for recovery of money due under the contract - Suit, held, not maintainable...........
Specific Relief Act, 1963, Section 41(i), Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Suppression of material fact - Husband while seeking temporary injunction suppressed the fact of filing a petition by wife under Protection of Women From Domestic Violence Act - Conduct of plaintiff is such as to disentitle him to the assistance of Court, as provided u/s 41(i) of..........
Civil Procedure Code, 1908, Order 39, Rule 1,2, Specific Relief Act, 1963, Section 41(h) -- Temporary injunction - Suit for injunction not maintainable when plaintiff had equally efficacious remedy to seek specific performance but has not sought the said relief - Held, if suit for permanent injunction itself is not maintainable, then question of granting temporary..........
Specific Relief Act, 1963, Section 38,20,41(h), Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Injunction suit - Not maintainable when remedy of filing suit for specific performance is available - Plaintiff cannot claim temporary injunction in pending suit for injunction simpliciter...........
