Hindu Marriage Act, 1955, Section 13, Specific Relief Act, 1963, Section 37, 38, 41(a), 41(b) -- Anti-Suit injunction - Restraining wife from pursuing divorce petition before Court in USA - Husband filed a divorce petition in India - Both the parties are permanent citizens of USA - No prejudice caused to husband if proceedings are allowed to be continued in Court at USA,..........
Specific Relief Act, 1963, Section 34, 37, 38, Easements Act, 1882, Section 15, 35 -- Public road - Construction of wall by defendant - Plaintiff's easementary right obstructed - Suit for declaration and injunction - Suit is maintainable against defendant without impleading Govt./N.A.C. - No person has any right to make construction over the land belonging to the..........
Specific Relief Act, 1963, Section 37, 38 -- Permanent injunction - Tenant seeking restraint from illegally and forcible dispossession - At one point of time plaintiff claimed to be owner of the house in dispute before the government department whereas in the suit she claims to be tenant - Plaintiff not able to prove her tenancy and she did not have any rent receipt in her..........
Specific Relief Act, 1963, Section 37, 38, Transfer of Property Act, 1882, Section 106 -- Suit for permanent injunction - Lease - Restraining defendants from interfering in peaceful possession - Lease terminated by serving notice u/s 106 TPA - Plaintiff not pleaded any protection under rent laws - Since the year 2005 plaintiff has not paid even a penny - Held, in these..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction - Ownership - In the instant case, notice was issued by defendant for resumption of land whereby said notice was challenged by plaintiff on assertion of absolute ownership and possession over property - However, said assertion was denied by defendant on ground that property belonged to Government..........
Specific Relief Act, 1963, Section 37, 38 -- Permanent injunction - Restraining defendant from dispossessing plaintiff from suit land - Plaintiff`s predecessor-i, title granted patta in relation to suit land on payment thus, prima facie case is in favour of plaintiff - Since possession of suit property is with plaintiff other two ingredients for grant of permanent..........
Evidence Act, 1872, Section 58, Specific Relief Act, 1963, Section 37, 38 -- Injunction - Admission - It is the best evidence - Defendant admitted possession of plaintiff - Nothing more is required to prove case of plaintiff...........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Specific Relief Act, 1963, Section 37, 38 -- Injunction - Co-sharers - Absence of pleading of exclusive possession or permissive possession - Absence of pleading of permissive possession or that by conduct of parties intention to separate was revealed long ago and put into effect and that it was this intention which formed..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent prohibitory injunction - No issue framed to the effect that suit was not maintainable in absence of proper specifications/khasra numbers as possession was with defendant - Even, no such objection was taken by defendant in his written statement - In absence of proper issue regarding maintainability of suit,..........
Specific Relief Act, 1963, Section 37, 38 -- Perpetual injunction - Can be passed restraining defendants from interfering with peaceful possession of plaintiffs and from dispossessing plaintiffs, as the right of defendants to recover possession of suit property u/art 65 of Limitation Act is extinguished within the meaning of S.27 of the Limitation Act...........
