Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Disobedience of injunction decree - Decree holder has alternative remedy U.O.21 CPC - Application dismissed - Order upheld...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim Injunction - Ancestral property - Inheritance prima facie is from a direct male ancestor exceeding three degrees higher than themselves - Plaintiffs only intend that defendant should not alienate, encumber, transfer or change the nature of suit property in any manner during pendency of suit - They have not..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for declaration and permanent injunction against 102 defendants - Admittedly there is no addresses of defendants separately furnished and no summons to any registered address of defendants issued or obtained - There was not even any service of notice - Summons of all the defendants were..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Earlier suit for permanent and mandatory injunction filed before Civil Court having no jurisdiction, as suit could be tried only by Small Causes Court - Subsequent suit filed before Court of Small Causes based on the same cause of action as earlier suit, held, not barred by O.2.R.2 CPC - Even otherwise..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, , Order 6, Rule 17 -- Impleadment of subsequent purchasers - Suit for cancellation of exchange deeds and permanent injunction - Applicants purchased the property during pendency of proceedings from plaintiff - It cannot be said that applicants are bonafide purchasers and title,..........
Civil Procedure Code, 1908, Order 15A(Andh -- Application U.O.15-A CPC - Maintainable only in suit for recovery of possession on basis of termination of lease or licence, where such lease or licence is admitted - Application is not maintainable in suit for declaration and injunction that too at the instance of defendants - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 39, Rule 3 -- Ad interim injunction - Status quo order - Trial Court issued interim injunction directing parties to maintain status quo over land in dispute till next date for final disposal of application - Though Court empowered to grant injunction even without notice to defendant, however, once the objection against application was on..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical error - Suit for permanent injunction - Amendment sought to correct the year of tenancy - Suit is at initial stage and issues not yet framed - Proposed amendment is most innocuous in the simplicitor suit for injunction against forcible dispossession and interference - Said amendment would..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Disobedience of interim injunction order - Where a party is accused of flouting or disobeying interim orders and proceedings have initiated during pendency of suit/appeal, as the case may be, subsequent dismissal of application, suit, appeal or even withdrawal of same would have no consequence in so far as disobedience is..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Suit for permanent injunction - Suit property was mortgaged against huge amount due in favour of respondent No.3 bank - Respondent No.3 has a direct interest in the subject matter of suit and findings recorded in suit will certainly affect rights of respondent No.3 and his presence before Court is..........
