Civil Procedure Code, 1908, Order 39, Rule 1, 2, Indian Contract Act, 1872, Section 27 -- Ad interim injunction - Restraint of trade - Allegations that defendants copied data base of plaintiff - However, there is no evidence to remotely indicate that any particular data base of plaintiff is removed or copied by defendants - Fact that defendants approached plaintiff's..........
Court Fees Act, 1870, Section 7(iv)(c) -- Ad valorem Court fees - Suit for declaration that sale deed is null and void and consequential relief of possession - If non-executant who is not in possession seeks not only a declaration that sale deed is invalid but also consequential relief of possession, he has to pay ad valorem Court fees as provided u/s 7(iv)(c) of the Act -..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Police protection - Grant of ad interim injunction restraining defendant from raising construction over suit land in an unscientific manner - Appeal there against pending - Moreover, alternative efficacious statutory remedy U.O.39.R.2-A CPC is available to plaintiff - Order declining..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-payment of ad valorem court fee - Suit for declaration - In a suit for declaration that civil court decree is illegal and is not binding upon rights of plaintiff, cloud on title is sought to be removed by way of declaration - Plaintiff not claiming possession - Plaint not liable to be rejected on..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte interim injunction - Appeal - No appeal lies against an ad-interim injunction order except in extra-ordinary circumstances, as to no, compliance of mandatory provisions, or rarest of rare case, where order is perverse or biased or it suffers from lack of jurisdiction - Moreover, jurisdiction of Court to examine..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Recovery of 100 gms intoxicant powder - Police official who conducted search and seizure was not holding the rank of ASI and he was only granted ad hoc promotion/rank of ASI and drawing salary for the post of head constable - He was thus, not competent to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Injunction - Not appropriate relief where loss can be compensated by necessary decree...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Agreement to sell - Restraint order sought restraining defendant from alienating to property to others - No privity of contract between plaintiff and real owner of suit property - Real owner of suit property cannot be restrained from transferring its property...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining appellant from interfering peaceful possession and enjoyment of `A' schedule property - Plaintiff failed to show any semblance of evidence that he is in possession of `A' schedule property - Even on the contrary, plaintiff suffered adverse findings in this regard in his earlier..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim Injunction - Ancestral property - Inheritance prima facie is from a direct male ancestor exceeding three degrees higher than themselves - Plaintiffs only intend that defendant should not alienate, encumber, transfer or change the nature of suit property in any manner during pendency of suit - They have not..........
