Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising any construction over portion of property purchased by plaintiff - Specific share has been purchased by plaintiff as is reflected from sale-deeds executed in her favour - Therefore, if other party is encroaching upon her share, she can seek injunction in that regard..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - If Court is satisfied on all three parameters i.e. prima facie case, irreparable loss and balance of convenience, then it may grant interim relief...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Title and interests in the suit property of predecessors of plaintiff have been invalidated by Court's order - There is thus, no prima facie case in favour of plaintiff at the interim stage of suit - Application rightly dismissed...........
Guardians and Wards Act, 1890, Section 7, 25 -- Custody of child - Claimed by mother - Child is with her mother for last about 8 months - Nothing on record to indicate that child's custody with mother is not in his interest - Moreover, temporary custody of child is given to mother - Custody of child rightly granted to mother...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising illegal construction upon land of plaintiff - Construction of wall is already over and only finishing work remained - Application rightly rejected...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Dependents - One son of deceased was working at a petrol pump, while the other son was involved in temporary employment opportunities only - Both of them were residing with the deceased - In such circumstances, it cannot be said that they were self-sufficient or independent of deceased - Dependents entitled..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Expeditious disposal of application U.O.39.Rr.1, 2 CPC - Even if proceedings in a suit are stayed supplemental proceedings which would include decision on injunction application could be carried out - Trial Court erred in rejecting the application filed by petitioner seeking early disposal of application for..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of PW7 and PW8 - Merely because PW7 and PW8 did not chase the accused or attempt to catch him does not affect prosecution case, as deceased was their real brother, it was but natural for them to be stunned into temporary inaction - Testimony of PW7 and PW8 is reliable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from interfering in possession of plaintiff - Revenue authorities have already partitioned suit land - Possession of specific portion of suit land was handed over to plaintiff - Defendant thus, cannot interfere in possession of plaintiff, as partition proceedings stands..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from obstructing lawful possession of plaintiff - Claim of defendants having any title over property is itself in question in as much as claim for partition was made against husband and father of defendants - Since said partition suit was dismissed for non-prosecution, they..........
