Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Ad interim injunction - Equitable relief - Party not coming to Court with clean hands and suppressing material facts - Not entitled to equitable relief of injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Ad interim injunction - Equitable relief - Cannot be granted to protect the wrongful act of plaintiff...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - No documentary evidence of possession and use and occupation of disputed land since last 30 years - Concurrent finding of fact - Injunction rightly refused by Courts below...........
Court Fees Act, 1870, Section 7(iv)(c) -- Court fee - Suit for declaration that sale deed is null and void and not binding upon the rights of plaintiff - Plaintiff a party to the sale deed - Even if it is taken that he has not claimed the relief of possession even then he is required to pay ad valorem Court fee on the amount of consideration mentioned in the sale deed to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Restraining forcible dispossession and restraining alienation to anybody else - Agreement to sell registered - Court at this stage cannot proceed with the assumption that agreement to sell is a result of fraud - Order of ad interim injunction granted by trial Court..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - If grant of ad interim injunction would amount to grant of all reliefs prayed for and amounts to a sort of pre-trial decree without an opportunity to the opponent, it cannot be granted...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Single Judge exercised discretion which was not arbitrary, capricious or perverse - Cannot be interfered with by the Division Bench...........
Court Fees Act, 1870, Section 7(iv)(c) -- Court fee - Payment of - Suit for cancellation of sale deed or a declaration that deed is invalid, non est, illegal or not binding - Does not convert the suit into one for a declaration with the consequential relief of possession so as to fall within the provisions S.7(iv)(c) of the Act - Therefore, plaintiff not entitled to pay Ad..........
Industrial Disputes Act, 1947, Section 2(oo), 25F -- Termination - Reinstatement - Back wages - Termination of service of the petitioner - workman without following the mandatory provisions of Section 25F of the Act - Direction by the Labour Court to reinstate him with continuity of service and 50% of back wages - The workman was working purely on temporary and ad hoc..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Punjab Village Common Lands (Regulation) Act, 1961, Section 5A, 5B -- Suit for ad interim injunction - Gift of land vested in Panchayat - Suit land was gifted by Gram Panchayat to plaintiff Trust vide a Resolution u/R.13(1) - Said Rule was later held as ultra vires by Apex Court on the ground of being violative of Ss.5A and..........
