Limitation Act, 1963, Section 22, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Continuing nuisance - Delay in filing suit - Plaintiff after making all other efforts to amicably resolve the issue have filed the suit in question after 10 years - Assuming that there is some delay it cannot come in the way of plaintiff as on account of said delay no right is created in..........
Civil Procedure Code, 1908, Order 7, Rule 10, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Lack of jurisdiction - Return of plaint - Court passing interim order without having jurisdiction - Before returning plaint, Court to recall and vacate the interim order, which was passed without jurisdiction to enable plaintiff to obtain a valid order from the proper court..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad-interim injunction - Restraining defendants from constructing over newly craved out plots - Plaintiffs contended that light, air and approach to her plot from both the sides will be obstructed if said construction is made out - However, prima facie no case is made out that plaintiff is enjoying such rights by way of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Second application - Cannot be treated as `res judicata' but if same thing has been pleaded then that may be treated as an abuse of the process of Court and the application can be rejected on that ground...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 15, Specific Relief Act, 1963, Section 34 -- Suit for injunction - Railway authorities claiming suit land issued notice to plaintiff under 1971 Act - However, plaintiff instead of taking recourse of appropriate provision of law has instituted suit by..........
Constitution of India, 1950, Article 136, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Special Leave Petition - Maintainability - RUIAS agreed not to prosecute the suits against MGG - Continuance of SUITS-II and III is without any cause of action and an abuse of the judicial process - Therefore, no cause of action insofar as MGG and its officers, neither..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - A party who chooses not to participate in Court proceedings and stay, must suffer, the consequences of the relief of injunction order...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Trade mark - Injunction - Against use of plaintiffs DTH services and trade name `Tata Sky' on any of the defendants website - Plaintiffs have been licensed by Government of India for conducting business of DTH operator and subscribers are not entitled to re-transmit DTH signals through any means - However, defendants..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Injunction is an equitable relief - He who seeks injunction must come to Court with clean hands - Person approaching Court with unclean hands - Held, this by itself is sufficient ground for not granting relief of injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Joint owners - Petitioner raised construction on a part of the suit land - Held, petitioner has waived her right to assail and question the construction being raised by the respondents...........
