Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - While deciding an application for grant of interim relief, trial Court is not required to conduct a mini trial...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Merely having a prima facie case is not enough for grant of interim injunction - All three essential requirements i.e prima facie case, balance of convenience and irreparable injury must co-exist...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Prima facie case, balance of convenience and irreparable loss exists in favour of plaintiffs as regarding interim relief sought with regard to creation of third party interest - So far as interim relief with regard to raising of construction over suit property, since balance of convenience does not lie..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from disturbing possession of plaintiff - Factum of possession of plaintiff over suit property is found on the basis of revenue documents - Defendant on the other hand though claimed possession but could not prove the same - Prima facie plaintiff has been able to prove all..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary parties - Partition suit - Both the branches were duly represented in suit, consequently suit property was directed to be divided in two equal parts - Suit rightly decreed and is not bad for non-joinder of necessary parties...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross-objections - Partition suit - Cross-objections filed by plaintiff on being aggrieved by refusal to grant any mesne profits - Parties to suit being co-owners, possession of each one of them has to be regarded as possession for and on behalf of all - No evidence to show that plaintiffs were completely excluded from..........
Civil Procedure Code, 1908, Section 10, 151 -- Stay of subsequent suit - Earlier suit qua the subject matter of present suit pending consideration in second appeal - Appeal is continuation of suit - It can be safely held that lis in between the parties qua the same subject matter is sub judice before a competent court - Undeniably there is possibility of conflicting..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - Parties having any right, title or interest in disputed property are necessary parties even for purpose of granting/refusing relief of injunction in a suit...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - Applicant claims his possession over property as its owner on basis of sale deed executed in his favour by defendant no.1 - Adjudication of dispute/controversy between plaintiffs and defendants qua right, title or interest in this property would directly affect rights..........
Criminal Procedure Code, 1973, Section 145, 482 -- Proceedings u/s 145 Cr.P.C - Quashing of proceedings - Land dispute between parties wherein two rival parties are claiming title/ownership/possession - Dispute if any have to be resolved by competent civil Court - Simultaneously initiation of criminal proceedings u/s 145 Cr.P.C along with civil proceedings is nothing but..........
