Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from interfering with peaceful possession of plaintiff over suit property - Relationship between parties was of a licensor and licensee agreement - Actual possession remained with defendants - Licensee agreement specifically prohibited any changes in nature of property and..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Status quo order - Violation - Once petitioner has approached Court of competent jurisdiction with regard to grievance raised by him and matter is pending, then even if there are allegations of violation of order of interim injunction, trial Court is fully empowered to consider and decide the same in light of provisions..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Violation of status quo order - Allegation pertaining to violation of order of status quo require determination of fact which cannot be done in summary proceedings u/art 226 of Constitution - Petitioner is relegated to ordinary civil remedy of application U.O.39.R.2-A CPC...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 35(3) -- Execution - Decree for specific performance - If defendant has raised any construction after passing of decree or created encumbrances, it is not beyond jurisdiction of Executing Court to issue direction to remove such obstacle and ensure delivery of possession free from all encumbrances...........
Civil Procedure Code, 1908, Order 30, Rule 10 -- Proprietorship firm - Proprietorship concern is not a juristic person - It cannot sue, but it can be sued in view of O.30.R.10 CPC...........
Civil Procedure Code, 1908, Order 30, Rule 10 -- Proprietorship firm - O.30.R.10 CPC does not in any manner debar a suit being filed against proprietor...........
Civil Procedure Code, 1908, Order 30, Rule 10 -- Proprietorship firm - Suit against proprietorship firm or its proprietor representing the firm, is one and the same thing...........
Civil Procedure Code, 1908, Order 30, Rule 10 -- Proprietorship firm - Proprietorship is to be defended by proprietor only and not by anybody else - Once proprietor has been impleaded as a party representing proprietorship, no prejudice is caused to, rather its interest is well protected and taken care of by only and only person, who owns proprietorship - O.30.R.10 CPC..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issue of limitation is a mixed question of fact and law and can be conclusively determined only after a full-fledged trial of suit - Objection that suit is barred by limitation is untenable...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of jurisdiction of Civil Court - Partition suit based on terms of Foreign Court Judgment - Suit is not for enforcement of divorce decree granted by Foreign Court, but is a suit for partition wherein respondent/wife asserts her rights over certain properties on basis of mutual agreement and..........
