Transfer of Property Act, 1882, Section 41, Specific Relief Act, 1963, Section 19(b) -- Bonafide purchaser for value without notice - Sale taking place after the filing of the suit and after passing of the ad-interim injunction - Cannot be held to be a bonafide purchaser...........
Specific Relief Act, 1963, Section 41(h), 38 -- Agreement to sell - Suit for permanent injunction - Equally efficacious remedy of suit for specific performance available - Suit for permanent injunction is not maintainable...........
Specific Relief Act, 1963, Section 41(h) -- Suit for mandatory injunction asking the defendant to execute the lease deed - maintainability - the provisions of S.41(h) Specific Relief Act debar the grant of injunction if there is any other efficacious remedy is available - suit for mandatory injunction is not competent and a proper remedy is to prefer a suit for specific..........
Specific Relief Act, 1963, Section 6, 41, Civil Procedure Code, 1908, Section 151, Order 39, Rule 1(c) - - Temporary injunction preventing dispossession of plaintiff- Word "threatens" in clause (c) implies a wrongful act on part of defendant and taking the law into his own hands-Defendant when seeks to recover possession through judicial process by way of execution of a..........
Specific Relief Act, 1963, Section 6, 41 -- Suit for injunction restraining defendant from executing decree passed in his favour under Section 6 - Not competent-Obvious intent and purpose of introduction of words "to restrain any person" in beginning of clauses (a) and (b) of Section 41-To make it clear that no injunction can be issued to a party restraining him from..........
Specific Relief Act, 1963, Section 38, 41(h) -- Suit for permanent injunction restraining defendant from alienating land because of agreement of sale in favour of plaintiff - No actionable claim so far as land subject-matter of sale is concerned because no suit filed for enforcement of agreement of sale - Decree for injunction also passed in violation of Section 41(b) -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 41(b) -- Ad interim injunction - Provision of Section 4l(b) Specific Relief Act equally applies to grant of temporary injunction...........
Civil Procedure Code, 1908, Section 151, Specific Relief Act, 1963, Section 41(b) -- Ad interim injunction - Cannot be granted in violation of provisions of Section 4l(b) Specific Relief Act...........
Punjab Pre-emption Act, 1913, Section 15, 4, Specific Relief Act, 1963, Section 41(b), Civil Procedure Code, 1908, Section 151 -- Pre-emption suit on ground of co-sharer- Vendee filed application before Assistant Collector for partition of Khewat and separation of share of land purchased - Ad interim injunction restraining vendee from pursuing partition proceedings -..........
Specific Relief Act, 1963, Section 41(h) -- Injunction - Cannot be granted when equally efficacious relief could be obtained by any other usual mode of proceeding which might have been available to the plaintiff except filing the suit for declaration...........
