Specific Relief Act, 1963, Section 6 -- Suit u/s 6 of the Act decreed by Single Judge of High Court exercising original jurisdiction - Appeal before Division Bench - Order is appealable invoking clause 15 of Letters patent...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Temporary injunction - Appeal - Power of appellate Court to interfere with the order - Where party in possession, claiming his possession to be lawful and complaining of encroachment and threat of forcible dispossession, had made out prima facie, triable case and sought..........
Civil Procedure Code, 1908, Section 115, Order 41, Rule 5(2), Civil Procedure Code, 1908, Order 39, Rule 2 -- Suit for permanent injunction - Decreed - Appeal against - Mere filing of an appeal does not operate as stay of decree - Appellate Court shall not pass an order of stay of such a decree U.O.41.R.5(2) - It has to pass an order of temporary injunction U.O.39.R.2 if..........
Family Courts Act, 1984, Section 19, Hindu Marriage Act, 1955, Section 13, 24, 28 -- Divorce petition by wife - Interim maintenance to wife and minor children - Appeal by wife - Maintainability - Order passed under S.24 of Hindu marriage Act is interlocutory order - Appeal there against is not maintainable - However, quantum of maintenance should be such that wife and..........
Civil Procedure Code, 1908, Section 100, Punjab Courts Act, 1918, Section 41 -- Second appeal - When law prescribes as to how jurisdiction is to be exercised and power is conferred for that purpose, it has to be exercised that way - For a second appeal to be maintainable, it has to satisfy the parameters as laid down in Section 41 of the Punjab Courts Act or Section 100 of..........
Civil Procedure Code, 1908, Section 100, Punjab Courts Act, 1918, Section 41 -- Second appeal - Suit for injunction - Plaintiff claimed to be in cultivating possession - Absence of documentary evidence - Oral evidence produced being against the record produced by defendants - Suit dismissed - First appellate Court while allowing appeal held that it was plaintiff who was in..........
Punjab Land Revenue Act, Section 13 -- Lambardari appeal - Commissioner being not satisfied with selection made by Collector as comparative merits of contesting candidates not properly weighed and taken into consideration, remanded the case - Nothing illegal or irregular in appellate order - Appellant will get opportunity afresh to present his case before District..........
Civil Procedure Code, 1908, Section 12, Order 23, Rule 1(4), Civil Procedure Code, 1908, Order 9, Rule 9 -- Withdrawal of suit without permission of Court - Precluded from instituting a fresh suit in respect of same cause of action - Plea of bar U.O.23.R.1(4) being a pure question of law affecting jurisdiction of Court, can be raised at any stage of suit or appeal unlike..........
Contempt of Courts Act, 1971 -- Contempt jurisdiction is not to be invoked or allowed to be revoked to enable appellant to wreck personal vengeance against alleged contemnors - Appellate Court will not interfere unless the order is totally perverse - Appeal dismissed...........
Letters Patent -- Clause 10 - Parameters which apply for re - appreciating evidence while hearing a first appeal - Cannot be invoked while exercising jurisdiction under Clause 10 of Letters Patent - Court to examine whether impugned judgment suffers from any error of law - Error of law which can be discovered by a detailed appreciation of evidence produced by parties..........
