Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction - Maintainability - Once plaintiff has failed to get any substantive relief of cancellation of sale deed and declaration relief, then consequential relief of permanent injunction must fail and plaintiff is not entitled to any permanent injunction against true owner...........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - May be granted even against true owner of property, only when person seeking relief is in lawful possession and enjoyment of property and also legally entitled to be in possession, not to disposes him, except in due process of law...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit for permanent injunction - Documents which were sought to be produced at appellate stage were mainly public documents - Authenticity and genuineness of said documents was not in dispute - Suit for perpetual injunction is on assertion of settled possession - Hence, these documents..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Restraining defendants from releasing film - Injunction action can be initiated even after a certificate is issued under Cinematograph Act, as film which is defamatory or indecent or breaches copyright cannot be allowed to be exhibited only because a certificate has been issued...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Restraining defendants from releasing film - There are no materials disclosed or even pleadings to show even prima facie that plaintiff was a family member or a near relative of `G' on the life of which film was based - Contention of plaintiff is that story of `G' sought to be depicted is untrue, is..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Original patta was produced and proved by plaintiff - Commissioner report is on record which shows that Gali in question for ingress and outgress of plaintiff is left and no objection raised by defendant in regard to such report - Suit rightly decreed - Second appeal dismissed...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Right to use electric motor connection - Plaintiff purchased share in land alongwith share in electric motor connection from its previous owners - However, defendant claimed that previous owner had already relinquished their rights in said electric motor connection in her favour - As..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21(5) -- Proviso, 40(2) - Amendment of plaint - Suit for specific performance, mandatory injunction and possession - Ss.21(5) Proviso, 40(2) of Specific Relief Act entitles plaintiff to seek amendment for claiming compensation or damages, as the case may be, at any stage of proceedings and in..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent findings of facts recorded by two Courts below that plaintiffs were not in possession of suit property - Counsel for plaintiffs failed to point out any question of law much less substantial question of law - No interference warranted in said concurrent findings - Second..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from alienating suit property - Civil Court has power to issue injunction even when S.52 TPA protects the interest of complaining party by providing hat an alienation lis pendens shall be subject to the result of suit...........
