Haryana Ceiling on Lands Holdings Act, 1972, Section 26, 15(7), 21(2) -- Jurisdiction of Civil Court - Suit for declaration and permanent injunction - Challenging order of cancellation of allotment - Allotment was cancelled upon finding that petitioner was not eligible as his income was more - Specific bar provided u/s.26 of the Act as to jurisdiction of Civil Court -..........
Civil Procedure Code, 1908, Section 100 -- Suit for permanent injunction - Second appeal - First appellate Court did not assign any reasons and reversed judgment and decree passed by trial Court on mere ground that plaintiff has not asked relief of declaration of title in respect of entire land and thus he is not entitled for a decree of permanent injunction in a suit for..........
Civil Procedure Code, 1908, Section 6 -- Pecuniary jurisdiction - Dispute relating adjustment of account - Plaintiff sought adjustment of Rs.18 lacs in account, by way of mandatory injunction - It amounts to seeking claim of Rs.18 lacs - Plaintiff wrongly valued suit as Rs.100/- for declaration and Rs.100/- of injunction, when actual relief claimed was Rs.18 lacs - Court..........
Civil Procedure Code, 1908, Section 24 -- Transfer of suits - Suits for declaration and injunction pending in High Court and City Court - Disputes in suit in High Court and three other suits pending in City Court appear to be inextricably connected - Held, suits pending in City Court transferred to High Court - Suits will be taken up and decided analogously...........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Derivative contract between appellant company and respondent Bank - Loan transaction executed to secure amount of loss arose out of derivative contract - Under the guise of suit for declaration that contract is void and for relief of injunction, appellant, in fact, want to injunct Bank from making..........
Civil Procedure Code, 1908, Order 23, Rule 1(5), Civil Procedure Code, 1908, Section , Order 1, Rule 10(2) -- Joint suit - Withdrawal from - Suit for declaration and permanent injunction filed by two plaintiffs - Withdrawal of suit by one of the two plaintiffs without consent of other - Share which forms subject-matter of suit are in individual name of two plaintiffs but..........
Civil Procedure Code, 1908, Section 47 -- Suit decreed for injunction in respect of certain plot and for declaration in respect of other properties detailed in cause title of plaint - In execution application, executing court, while allowing objection of J.D. u/s 47 CPC can take note of all these aspects and passed order, holding that declaratory decree cannot be executed..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Consequential relief of permanent injunction and alternative relief of decree for possession claimed - Suit cannot be dismissed on the ground that simpliciter suit for declaration without claiming relief of possession is not maintainable...........
Specific Relief Act, 1963, Section 34, 37, 31 -- Suit for declaration of title and injunction - Relief for cancellation of sale deed alleged to have been obtained by fraud and coercion not sought - Suit for declaration is more exhaustive to determine the title or validity of transaction - When relief of declaration of title is granted, it is in substance ignoring or..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for injunction - Amendment of paint sought to incorporate relief of declaration - As declaration is already involved in the suit of permanent prohibitory injunction, hence, merely adding relief of declaration declaring the transaction in question void, does not amount to change the nature of suit and..........
