Specific Relief Act, 1963, Section 37, 38 -- Injunction - Land purchased by plaintiff - No document to show that land belonged to Panchayat - Decree against Panchayat, upheld...........
Specific Relief Act, 1963, Section 6(2), 6(3) -- Suit for possession and injunction - Main relief in the suit sought by plaintiff was for possession u/s 6 of the Act - Relief of injunction only an ancillary relief - Suit dismissed - Appeal of plaintiff accepted - Defendant in second appeal - Held, appeal for its maintainability must have the clear authority of law - S.6(3)..........
Haryana Urban Development Authority Act, 1977, Section 17 -- Resumption of booth allotted in open auction - Notice not issued to plaintiff before passing of resumption order - Jurisdiction of civil court is not barred when order is passed in violation of mandatory provision of S.17(3) of the Act - HUDA not entailed to charge interest @ 18% because as per clause 6 of the..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Injunction - Violation - Decree of injunction passed against State - In violation of the decree of injunction officials of the State demolished boundary wall and gate constructed by DH, though officials were supplied copy of injunction order - Held, officials cannot be allowed to take plea that they were not..........
Civil Procedure Code, 1908, Section 50, Order 21, Rule 32 -- Execution - Decree for permanent injunction can be executed against L.R's of J.D. - However, legal representatives are liable only to the extent of the property of deceased which has come to their hands by way of inheritance...........
Limitation Act, 1963, Article 136, Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution of decree of mandatory injunction directing petitioner to remove construction raised illegally during pendency of suit for permanent injunction - Judgment and decree of trial Court was confirmed by appellate Court - Held, period of limitation, for the purpose of execution of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Possession delivered in execution of decree - High Court in revision passed an interim order directing D.H. to redeliver possession to J.D. - As possession is delivered in execution of decree as such there is no question to pass interim mandatory injunction directing D.H. to redeliver..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for perpetual prohibitory injunction - Prayer for damages - There can be no claim for damages in execution for enforcement of a decree for perpetual prohibitory injunction...........
Civil Procedure Code, 1908, Order 21, Rule 32(5) -- Dispossession in violation of decree of prohibitory injunction - Executing Court can issue an order of mandatory injunction for restoration of possession - Decree holder need not to file another suit...........
Civil Procedure Code, 1908, Section 152 -- Decree - Amendment - Order passed in an application for violation and breach of injunction whereby order of imprisonment and restoration of possession set aside - Held, this order does not go to the benefit of J.D. - Decree passed for restoration of possession needs no amendment...........
