Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining alienation - Prima facie case - To come to such a finding Court can take into consideration the extent of plaintiff's share in the property, if any...........
Arbitration and Conciliation Act, 1996, Section 11, Civil Procedure Code, 1908, Order 3, Rule 1 -- Arbitrator - Appointment - Counsel consented to appointment of an arbitrator - High Court in a petition u/s 11 of the Act appointed an arbitrator on consent given by counsel for appellant - Arbitrator so appointed entered into reference and proceeded in the matter - Held,..........
Civil Procedure Code, 1908, Order 3, Rule 1 -- Concession by counsel - It is binding on party - However, matter is different if concession is made on a question of law - A wrong concession on legal question is not binding upon client...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad-interim injunction - Court to pass an order on the application for interim injunction having regard to following factors - (i) Prima-facie case (ii) Balance of convenience of the parties (iii) Irreparable injury which might be suffered by the plaintiff if injunction refused (iv) Contention of the plaintiff must be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Defendants restrained from construction, alienation or altering the nature of the suit properties - Suit property commercial in nature - Share of plaintiff not more than 1/8th in the suit property - Due to injunction defendants not able to enjoy fruits of development agreements - Properties neither..........
Civil Procedure Code, 1908, Order 1, Rule 1, Civil Procedure Code, 1908, Order 22, Rule 1, Evidence Act, 1872, Section 108 -- Plaintiff missing subsequent to the institution of suit - Wife seeking permission to prosecute suit - Suit for declaration of title and injunction in respect of joint family property - If applicant is not allowed to come on record and suit is..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Sought on the basis of Will as testator was missing for more than 7 years - Held, till a declaration is granted by a Court declaring testator to be civilly dead, petitioner cannot be said having any interest in the property especially when the validity of Will is yet to be established - Application..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction after partition of land among co-sharers - Land finally partitioned by AC Ist - Suit for permanent injunction restraining from raising construction over partitioned land - After partition of land by a valid order, land not joint - No injunction can be granted restraining construction over land...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary Party - Declaration regarding civil death - Suit for partition against a person who is missing for more than 7 years - Impleading as party to suit claimed on the basis of Will executed by said person - Execution of Will denied by legal heirs of said person - Till the Civil Court declares a person to be civilly dead..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Sale deed executed by two brothers - Challenged by one brother after 7 years on ground of fraud & misrepresentation - Possession delivered to vendee - Mutation sanctioned in favour of vendee - The three basic ingredients for getting relief under O39 Rs 1 & 2 - Prima facie case in favour, Balance of..........
