Specific Relief Act, 1963, Section 38 -- Permanent injunction - Infringement of copyright - Acquiescence is a defence available in action for the infringement of copyright...........
Agreement to sell -- Specific performance - Execution of agreement to sell during pendency of partition suit - There was no encumbrance or dispute over suit property except partition suit - Suit property could still be sold and transferred - Plaintiff was aware of pending suit while executing agreement to sell which was agreed despite pending litigation - Even, plaintiff..........
Agreement to sell -- Specific performance - Limitation - Time was not essence of contract - Plaintiff filed a suit for permanent injunction against defendant on 15-7-1991 restraining defendant from dealing with suit property - Three years limitation period to file a suit for specific performance commenced when plaintiff filed a suit for permanent injunction i.e on..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from terminating redistribution stockiest agreement - Categorical condition mentioned in the agreement that agreement may be terminated by either party by giving two months written notice even without assigning any reason - Defendant company terminated the agreement by giving..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Plaintiffs have been in permissive possession of at least one shop since 2012 and were also found in possession by Local Commissioner - Simply because plaintiffs have filed suit on the basis of an oral agreement of sale, prima facie assessment of merit of such claim of plaintiffs could not have..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Suit for partition and permanent injunction - It is not open for plaintiff to claim property to be ancestral during lifetime of his father and to have share in it - Suit is barred by law - Plaint rejected...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration, joint possession and permanent injunction - Plaintiff himself levels allegations against defendants that they played fraud and documents in question through which they have succeeded their rights in property are obtained by playing fraud and same are illegal, null and void - Burden is upon..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Relief of permanent injunction can be granted only if the property is clearly identifiable so that there remains no dispute after grant of relief of permanent injunction...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Agricultural land - Suit filed for permanent injunction and easement right - Suit is not to decide ownership or possession or for any purpose enumerated in Column 3 of Schedule II of UPZA and LR Act - Moreover, defendant itself has stated in its written statement that on the land purchased by it..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Restraining defendants from interfering with possession of plaintiffs - Right of plaintiff over suit property are still to be established - Possession of plaintiff over suit property also not established - Trial Court rightly dismissed the application after recording prima facie..........
