Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Co-sharers - Co-owner in exclusive possession of a specific portion of joint land is entitled to seek protection against interference by other co-sharers and that no co-sharer has right to alter or change the nature of portion under exclusive possession of another - Application rightly allowed...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issue - Once an issue has been finally decided, trial Court lacks jurisdiction to re-open or revisit the same...........
Criminal Procedure Code, 1973, Section 125(1)(a) -- Maintenance to wife - Earning wife - Wife is an earning lady and able to maintain herself - She thus, not entitled to get any maintenance from husband...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Suit for declaration and specific performance - Once it appears from material on record that lease agreement between parties is determinable in its nature, in the face of provisions contained in S.14(d) of Specific Relief Act no specific performance of contract of lease agreement can be granted by..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Abandonment of part of claim - Partition suit - Plaintiff admitted in plaint that item-II of suit property is a joint family property - He cannot now turn around and say that he has no intention to include said property and has no intention to proceed with the same - Affidavit is silent for what reasons plaintiff intends to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay application - Suit for mandatory and permanent injunction - No material on record to show that defendants have encroached upon or merged any area beyond their admitted possession - Since suit for partition is pending and defendants are in exclusive possession of their respective portions - Any construction raised by..........
Civil Procedure Code, 1908, Order 13, Rule 1, 2 -- Marking of document - Petitioner was neither an author nor a scribe of documents in question - Documents pertain to third parties - Petitioner has not disclosed as to how, when and from where he had obtained said documents - Executing Court has not foreclosed right of petitioner in getting these documents marked, but had..........
Civil Procedure Code, 1908, Order 16, Rule 1, Civil Procedure Code, 1908, Order 18, Rule 17 -- Summoning of witness - In absence of pleadings, witness cannot be summoned to give evidence and additional evidence cannot be accepted...........
Civil Procedure Code, 1908, Order 16, Rule 1, Civil Procedure Code, 1908, Order 18, Rule 17 -- Summoning of witness - Person whose name is not mentioned in list of witnesses, may be summoned or recalled if party seeking said relief shows sufficient cause for the same...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Restraining licensor/owner of property from terminating lease - Licensee cannot seek a pre-emptive injunction from termination of license - Only recourse available to licensee is to seek compensation for loss suffered but licensee cannot secure an order of injunction of termination of license by..........
