Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for recovery of school fee - Appellant an unaided private school filed suit for recovery of money for fee hike against students and their parents - S.22 of Haryana School Education Act ousts jurisdiction of civil Courts only in matters where Government or its officers have been empowered to..........
Education -- Unaided private school - Suit for recovery of school fee - No student or parent approached Committee constituted as per order of Division Bench of High Court nor Committee constituted under Rules - Students/parents by reason of order of Government introducing a cap of 20% on increase of fees in each successive academic year, declined to pay fees as notified..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Interim relief cannot be granted when it amounts to granting final relief itself or when parties seeking such reliefs lack legal possession...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Foundational documents relied upon by plaintiff i.e mortgage deed cum lease deed is neither registered nor sufficiently stamped and is therefore, inadmissible - Moreover, plaintiff attempts to secure temporary injunction in effect seeks to restrain rightful owner and purchaser from asserting rights..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plaintiff by way of amendment challenged the judgment and decree as well as mutation - Said judgment and decree and mutation were within his knowledge, rather factum of same finds mentioned in plaint itself - Amendment would change nature of suit and would amount to a de novo trial as even though..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Where a dispute which is essentially of a civil nature, is given cloak of a criminal offence, then such disputes can be quashed by exercising inherent powers u/s 482 Cr.P.C...........
Civil Procedure Code, 1908, Order 21, Rule 32(5) -- Execution - Decree for prohibitory injunction - Violation of decree - Where a decree of prohibitory injunction has been rendered nugatory by wilful and unlawful act of JD particularly dispossession of DH from decreetal property, executing Court is vested with power U.O.21.R.32(5) CPC to direct measures necessary to secure..........
Civil Procedure Code, 1908, Order 21, Rule 32(5) -- Execution - Decree for prohibitory injunction - Violation of decree - To give full effect to an injunction decree, executing Court may also remove every obstruction set up in breach thereof, so that successful litigant may truly reap the benefit of adjudication - Mere penal consequences under contempt jurisdiction may not..........
Electricity Act, 2003, Section 145 -- Jurisdiction of civil Court - Civil Court has no jurisdiction in entertaining disputes under the Act in view of bar u/s 145 of the Act - However, jurisdiction of writ with regard to determining validity of passing of impugned order can be availed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Order is binding upon the parties to the litigation...........
