Specific Relief Act, 1963, Section 38, 39 -- Injunction - Tenant seeking restraint order against landlord from forcibly dispossessing - Plea of landlord of vacating the premises and handing over possession - Possession taken by landlord by breaking open locks and tenant lodged a police complaint for committing the offence of criminal trespass - Absence of any entry in..........
Civil Procedure Code, 1908, Section 151 -- Police help - Implementation of injunction order - Police help can be granted in deserving and appropriate cases u/s 151 of the Code - Filing of a suit for declaration and injunction by defendants, in the absence of any order therein, cannot be a ground for denying any relief in favour of plaintiff...........
Civil Procedure Code, 1908, Section 151 -- Order of status quo - Police help - Can be granted in a case where trial Court passes order of injunction and in revision petition order of status quo is passed - The facts of the case are clearly distinguishable from a case in which trial court passes order of status quo which means that trial Court is not sure which party is in..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1 -- Ad interim injunction - Implementation - Police protection - Application be dealt with expeditiously and should not be adjourned to longer dates - In case an application for vacating ad interim injunction is pending then both the applications be disposed of simultaneously...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Police protection - Ad interim injunction granted - Police protection granted by trial Court but upset by Appellate Court on the ground that suit property is not identified by specific measurement - However, there are specific measurements and suit property is duly identified in the pleadings - Plaintiff is..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Police protection - Violation of order - An application for police protection is maintainable even when remedy is sought by filing an execution petition U.O.21.R.32 CPC and also an application U.O.39.R.2-A CPC seeking attachment and/or arrest of the violator for Contempt of Court...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Police protection - Even in a case where there is a violation of an injunction order in a suit as opposed to a situation where only a threat of violation of exists, order of police protection may be granted if the rights of parties are determined either finally in the suit or, at least..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2, 2A -- Temporary Injunction - Police aid - Normally in civil matters unless and until the rights have been crystallized and it is clear to the mind of Court that a party without any semblance of right is violating the orders of the Court the interference of police should not be called for...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Implementation - Police protection - When there is threat of breach, disobedience or violation of order of injunction, Court can grant police protection - Party complaining violation of ad interim injunction may file not only an execution petition U.O.21.R.32 CPC or an application..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Implementation - Police help - Cannot be denied on the ground that defendants were arrested u/ss 107/151 Cr.P.C. as there was scuffle between the parties - Held, it rather strengthens the case of plaintiff for grant of police help as it depicts that defendants did try to interfere in..........
