Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Stay of execution of decree - Valid award passed under the provisions of Forest Act - Civil Court set aside award on compromise between the owner of the land and the Conservator of Forest who had no authority from the State Government - State filing a suit for declaration to set aside the compromise..........
Limitation Act, 1963, Article 58, 113 -- Levy of annual Sports Development Fees by Club on its life members - Members filed suit against club for declaration and injunction - Limitation - After circulation of resolution providing for levy of fee in 1986, club did not nothing except issuing a reminder in 1989 - For 10 years club took no action against plaintiff - It was..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction restraining defendant from interfering in the construction being made on the first floor - Partition - Plaintiff was not given any right to use the roofs on his two rooms for raising construction though he had the right to use the stair case and the courtyards whether on the ground or on the roofs -..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Interim injunction - Violation - Court having no jurisdiction to pass such order - Held, interim orders, while in force, have to be obeyed and their violation can be punished even after the question of jurisdiction is decided against the plaintiff provided the violation is committed before the decision of the Court on the..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Interim injunction - Violation - Court having no jurisdiction to pass such order - Held, interim orders, while in force, have to be obeyed and their violation can be punished even after the ques-tion of jurisdiction is decided against the plaintiff provided the violation is com-mitted before the decision of the Court on the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Tenant - Petitioner shown as tenant in cultivating possession of the land since long - Mere fact that land was shown vacant for three crops in between does not mean that tenant is no more in possession - Petitioner in continuous cultivating possession from 1992 to 1996 subsequent to the period land..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Revenue record, evaluation of entries-Temporary injunction in a suit for permanent injunction restraining defendants from interfering with actual physical possession of plaintiff-Defendants in reply claimed to be in actual physical possession as tenants, earlier their father was tenant of plaintiff and after his death,..........
Civil Procedure Code, 1908, Order 40, Rule 1, Civil Procedure Code, 1908, Order 39, Rule 1 -- Court can appoint receiver without any application by any of the parties while rejecting the application for temporary injunction...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Knowledge of the lawyer of the party of the order of injunction simpliciter not to be imputed to the party who has failed to obey the order passed by the Court and that is not sufficient to fasten him with the liability...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Agreement to sell - Suit for permanent injunction - As no relief for specific performance of the agreement to sell is sought as such suit for injunction alone is not maintainable and for that reason, no ad interim injunction can be granted...........
