Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration with consequential relief of permanent injunction - Plaintiff challenged the release deed among blood relations - It is specific assertion made in the plaint about release deed that it is illegally and fraudulently got executed and registered without consideration - Possession not claimed by..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Once plaintiff has no prima facie case in his favour then there is no need to consider balance of convenience and irreparable loss...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for injunction based on possession on the basis of unregistered and insufficiently stamped instrument, which under law does not affect such immovable property - Plaintiff has no prima facie case in his favour - Order vacating injunction, upheld...........
Civil Procedure Code, 1908, Order 7, Rule 11, Rajasthan Tenancy Act, 1955, Section 207 -- Rejection of plaint - Suit for declaration, correction in the revenue record, partition and permanent injunction - Agricultural lands - Ancestral properties - S.207 of Act of 1955 provides that cognizance of any suit or application qua which relief could be granted by a Revenue Court..........
Specific Relief Act, 1963, Section 38, 39, Civil Procedure Code, 1908, Section 100 -- Suit for mandatory and permanent injunction - Concurrent findings of facts with regard to existence of subject public way and obstruction of right of way by defendants - No illegality, infirmity or perversity in said concurrent findings - Suit rightly decreed in favour of plaintiffs -..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Release of electricity connection - Sought in a suit for mandatory injunction - Theft of electricity - Mere registration of FIR does not amount to any conclusive proof of theft - Electricity being a basic requirement, cannot be deprived to a consumer when allegations qua his being an..........
Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7 -- Rejection of plaint - Court fee - Main relief sought for declaration of possession and permanent injunction - Alternative prayer for recovery of money - In case alternative relief is to be granted then as a condition precedent plaintiff has to be given an opportunity to affix ad valorem Court..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Decree of possession can be passed in a suit for mandatory injunction and even otherwise also, Court is empowered to mould relief in the facts and circumstances of the case...........
Specific Relief Act, 1963, Section 37, 38, 39 -- Suit for permanent and mandatory injunction - Plea of limitation - Neither any issue was framed regarding limitation nor from testimony of defendants it is revealed that any such statement was made therein - No such contention was raised before first appellate Court - Contention taken by defendant qua suit being barred by..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 4, Civil Procedure Code, 1908, Order 38, Rule 5 -- Temporary injunction - Filing of petition for attachment of same property and seeking temporary injunction prohibiting alienation of property - Intention to file two applications simultaneously is only to cause embarrassment and inconvenience - Order vacating injunction,..........
