Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit land is joint and defendant was trying to usurp best portion of same without getting it partitioned as per plaintiff - However, defendant has raised a specific plea that suit land stood partitioned and partition had been implemented - Appeal filed against order of partition was dismissed in..........
Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of Commissioner - Difference between O.26.R.9 CPC and O.39.R.7 CPC - Civil court has power to appoint Commissioner both U.O.26.R.9, O.39.R.7 CPC - In terms of O.39.R.7 CPC, civil Court can appoint Commissioner for the purpose of inspection of any property which is the..........
Specific Relief Act, 1963, Section 39, Protection of Women From Domestic Violence Act, 2005, Section 17(2), 19 -- Suit for mandatory injunction against daughter-in-law - Daughter-in-law obtained residence order u/s 19 of PWDV Act - Occupation or residence of daughter-in-law could only be a permissive occupation which does not amount to legal possession, as she is residing..........
Specific Relief Act, 1963, Section 39, Protection of Women From Domestic Violence Act, 2005, Section 17(2), 19 -- Suit for mandatory injunction against daughter-in-law under PWDV Act is maintainable to evict her under PWDV Act, as it is a procedure established by law referred u/s 17(2) of PWDV Act to evict or exclude the aggrieved person, even if she obtains a residence..........
Arbitration and Conciliation Act, 1996, Section 8 -- Permanent prohibitory injunction - Appointment of arbitrator - Once a plea of existence of arbitration clause is taken in the written statement and the defendant persists with the same and objects to the jurisdiction of the trial court to proceed ahead with the suit, then the judicial authority is left with no discretion..........
Registration Act, 1908, Section 17 -- Unregistered agreement to sell - Suit for specific performance - Recitals of agreement shows that possession of property not delivered to plaintiff and same will be delivered at the time of registration of property - Even otherwise, unregistered document may be received as evidence in a suit for specific performance and admissibility..........
Agreement to sell -- Suit property is agreed to be transferred upon payment of balance sale consideration under agreement of sale - Contention that agreement to sell has to be treated as bond, rejected, as when document mentions transfer of rights between parties same cannot be termed as bond...........
Will -- Suspicious circumstances - Execution of Will in favour of sons to the exclusion of daughters - Plaintiffs contended that testatrix was not competent to execute Will as she was bed ridden for 15 years prior to her death - However no evidence let alone any medical evidence has been led by plaintiffs in this regard - Reasons were duly given in Will by testatrix for..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding application Court not considered three basic issues i.e. suit is barred by limitation, suit not disclosed cause of action and lastly on the basis of insufficient Court fee on the basis of improper valuation - Order rejecting application set aside - Matter remitted back to trial Court for..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Not maintainable at the instance of licensee after determination of license...........
