Civil Procedure Code, 1908, Section 47 -- Execution - Delivery of possession - Suit for declaration and recovery of possession and permanent injunction - Executing Court issuing delivery of possession as sought by DH in the proceeding, when Appellate Court held that plaintiff is in possession of suit land - Said order of Executing Court attained finality - Thereafter,..........
Indian Penal Code, 1860, Section 468, 471, 120B -- Forgery - Criminal conspiracy - Accused allegedly fabricated partition deed and executed GPA in favour of A3 and A4 - Petitioner entered into sale agreement to purchase the property from A3 and A4 - He also committed offence in connivance with other accused to grab the property from complainant - All accused conspired..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff and defendant both filed injunction application against each other - Trial Court dismissed both the applications - Defendant felt aggrieved by dismissal of his application filed appeal which was allowed - Plaintiff felt aggrieved and filed writ petition - High Court in writ..........
Civil Procedure Code, 1908, Order 39, Rule 1, Constitution of India, 1950, Article 227 -- Interim injunction - Refusal to grant - Writ petition u/art 227 of Constitution challenging said order is maintainable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Constitution of India, 1950, Article 227 -- Writ petition - Maintainability - Writ Petition u/art 227 of Constitution challenging orders passed by Civil Courts refusing to grant interim injunction U.O.39.Rr.1, 2 CPC, is maintainable...........
Civil Procedure Code, 1908, Section 96, Evidence Act, 1872, Section 116, Transfer of Property Act, 1882, Section 48 -- Possession - Permanent injunction - Once defendant No.2 had transferred rights in suit property to plaintiff in terms of documentation, then subsequently, merely because DDA had executed a conveyance Deed in favour of defendant No.2 would not mean that..........
Civil Procedure Code, 1908, Section 10 -- Stay of proceedings in subsequent suit - Two different suits filed in different jurisdiction for same estate - Suit at Ambala seeks decree of mandatory injunction directing petitioner to vacate suit premises and hand over its possession on basis of oral family settlement in 1998 whereas suit at Meerut seeks partition of entire..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Grant of police aid - Implementation of ad-interim injunction order - It is always desirable for Court to conduct enquiry at first in interim injunction petition followed by police aid petition - This procedure can be followed only when by date of hearing police aid petition, defendant has come up with counter in interim..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary Injunction - Possession of suit land is main consideration while considering petition U.O.39.Rr.1, 2 CPC...........
Protection of Women From Domestic Violence Act, 2005, Section 3, 7, 19 -- Maintenance - Petition by grand daughter against her grand father - She claims to have lived and is living in the shared accommodation with the applicant - She alleges that after her father's death applicant neither provided any financial support and on the contrary inflicted physical/mental torture..........
