Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent prohibitory injunction - Concurrent findings of Courts below that plaintiff failed to prove encroachment or interference by defendants - Demarcation report and expert witnesses confirmed that both the parties were in possession of their respective Khasra numbers disproving plaintiff's case of..........
Hindu Adoptions and Maintenance Act, 1956, Section 18, 20, 24, 27 -- Award of Rs.50,00,000 as permanent maintenance and a sum of Rs.40,000/- per month as maintenance - Appeal thereagainst - Appellate Court passed a conditional order to stay operation of trial Courts order subject to payment of Rs.22,000/- p.m. as maintenance - Merely because salary of husband stands..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for compliance of compromise and permanent injunction - Civil Court has jurisdiction to try suit for compliance of compromise arrived at between parties - Plaint cannot be rejected...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - Restraining Municipal Authority from demolishing gate alleged to be constructed on road exclusively owned by plaintiff - Plea that approach road caters to needs of other inhabitants of area - Without their presence before Court, issues involved in suit cannot be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance, cancellation of sale deed executed by owner in favour of Respondent No.2 and suit for permanent injunction - Plaintiff ready and willing to make the balance payment and getting sale deed executed in his favour - Prima facie case is in favour of plaintiff - Plaintiff..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - In a case for permanent injunction based on possession of immovable property, plaintiff shall prove his possession - Plaintiff shall succeed on strength of his case and he cannot rely and succeed on weaknesses in case of defendant...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Documents on record shows existence of vegetable shop on road margin from 1979 onwards and it is in possession of plaintiff - Case of plaintiff does not rest only on evidence of DW2 who corroborated the evidence of plaintiff - Evidence of plaintiff, defendant and advocate commissioner's report in detail with..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Directions issued for incorporating following particulars while filing claim petition under Motor Vehicles Act, 1988 : (a) (i) Names and addresses (local and permanent) of injured persons or the owners of damaged property, as the case may be, their Aadhar and PAN details and email-id, if any; and (ii) Names..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Defendant himself admitted that plaintiff obtained survey nos.28 & 35 in partition and his family members have received some parts in partition - They cannot be permitted to challenge said partition especially when trial Court and Appellate Court have found said partition..........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration of title and permanent injunction - Limitation starts from date of knowledge - Time starts when defendant has filed objection before Tehsildar for amendment of record on 10.07.2010 - Plaintiff who is in possession of said land, filed suit for declaration and permanent injunction on 9.10.2013 is not..........
