Telephone -- Excessive bills - Suit for mandatory injunction for direction to the defendants to appoint an Arbitrator to settle the dispute - Civil Court has the jurisdiction to legally enforce the right provided to a subscriber under S.7-B of the Telegraph Act, 1885 - Held, suit is maintainable...........
Possession -- Suit for mandatory injunction for directions to hand over the vacant possession of the shop - Suit in fact is for possession though couched in the form of suit for mandatory injunction - Held, suit is maintainable...........
Specific Relief Act, 1963, Section 39, 34 -- Suit for mandatory injunction and for directions to defendant to hand over vacant possession - Objection that suit for mandatory injunction not maintainable and a suit for possession should have been filed - Not tenable - Suit in fact for possession though couched in the form of suit for mandatory injunction...........
Specific Relief Act, 1963, Section 38, 39 -- Termination of licence - Suit for mandatory injunction for delivery of possession if brought without undue delay then the suit is maintainable...........
Court Fees Act, 1870, Section 7(ivB) (b) and 7 (v) -- Termination of licence - Suit for mandatory injunction for delivery of possession if brought without undue delay then the suit is maintainable and the Court fee payable would be under section 7 (iv-B) (b) and not Sec.7 (v) of the Act...........
Specific Relief Act, 1963, Section 38, 39 -- Suit for injunction restraining defendant from interfering with plaintiffs possession and for mandatory injunction for removal of construction made by defendant - Averments in plaint as to encroachment by defendant - Plea of defendant that plaint averments amount to admission about defendants trespass and without prayer for..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 7, Rule 7 -- Amendment of plaint in appeal - Suit for mandatory injunction - Amendment seeking alternative relief of possessio, Ground for seeking amendment in plaint that during arguments in appeal pointed out that suit for mandatory injunction not maintainable and proper claim suit for..........
Punjab Village Common Lands (Regulation) Rules, 1964, Rule 6, Specific Relief Act, 1963, Section 34 -- Suit for a mere declaration - Plaintiff entitled to further relief of mandatory injunction - Failure to claim - Suit not maintainable as a mere declaratory decree not executable - Suit for declaration that plaintiff a bona fide auctio, purchaser of trees standing in..........
Punjab Municipal Corporation Act, 1976, Section 396, 357 -- No act committed by grantee which calls for revocation or suspension of licence - Refusal to renew licence - Arbitrary - Corporation cannot be said to be acting or purporting to act under the Act - Suit for grant of mandatory injunction for renewal of licence without giving requisite notice under Section 396 -..........
Specific Relief Act, 1963, Section 39 -- Suit for mandatory injunction for removal of encroachments - Plea that since encroachments admitted suit for mandatory injunction not maintainable as suit for possession of land allegedly encroached could be filed - Not tenable - Land in suit owned by Mushtarka Malkan - No proprietor can claim a right to exclusive possession of such..........
