Specific Relief Act, 1963, Section 37 -- Injunction suit - Maintainability of suit by party who has proved only his possession and not title to suit property - Where relief prayed for is to restrain person with no better title, from disturbing possession of party, party is entitled to relief, and title to suit property is not relevant for grant of such relief...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Suit for declaration of title and injunction - Seventh defendant owning land in another Survey number filing application for appointment of Commissioner to fix the boundaries of his land and suit land - Dismissal of application on technical ground that it was not pressed for four years till the stage of arguments - Not proper..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for permanent injunction - Amendment to change the basis to that of title to the property - It amounts to introducing a new cause of action - Amendment disallowed - Order upheld...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Petition for divorce by husband - Wife feeling inclination of husband towards a Sikh girl and that he may marry her filed a suit for injunction - The institution of that suit cannot be dubbed as an act of cruelty...........
Prima facie case -- Prima facie case does not necessarily mean that it must be shown that in all probability the party applying for injunction would succeed in the suit - It would be sufficient if he can show that he has a fair question to raise as to the existence of right he claims and that it is necessary in the interest of justice to preserve the said right till..........
Balance of convenience -- Court while considering the question of balance of convenience must pertinently put the question 'would the plaintiff suffer irreparable damage if no injunction is granted.'..........
Irreparable injury -- The party applying for injunction must satisfy the Court that either no legal remedy furnishes full compensation or adequate redress owning to the inherent ineffectiveness of such legal remedy, or that, owing to the delay incident to the prosecution of an action at law to final judgment and obtaining service thereon, such judgment and process would..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Subsequent to filing of suit one of the defendant who was inducted into possession as a licencee asserting occupation of site in his own right - Subsequent development necessitated amendment of plait seeking a new prayer for possession - No change in the nature of suit -..........
Specific Relief Act, 1963, Section 37, 38, 41(j) -- Trespasser - An injunction cannot be issued in favour of trespasser or a person who gained unlawful possession as against the owner...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partnership firm - Dispute between partners - Claim and counter claim by partners regarding custody of articles of business - Partner allegedly in custody of articles of partnership business restrained from selling, transferring and disposing of disputed articles pending dispute between the parties...........
