Civil Procedure Code, 1908, Section 115, Order 39, Rule 1, 2 -- Interference in revision with interim injunction - When not called for - Interim injunction granted by trial Court upheld in appeal restraining defendants from making any obstruction or hindrance in ingress/egress to and fro from the house of plaintiff - Both Courts came to prima facie conclusion that..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Grant of - Guiding principles - 1991 Civil Court Cases 99 (S.C.) followed wherein held: (1) The plaintiff has a strong case for trial i.e. it shall be of a higher standard than a prima facie case that is normally required for a prohibitory injunction; (2) It is necessary to prevent..........
Agreement to sell -- Suit for specific performance - Case of plaintiff as to delivery of possession at the time of execution of agreement in the presence of attesting witnesses - Earlier statements of attesting witnesses in a different proceeding that delivery of possession was not given in their presence brought on record and contradictions put to witnesses - Delivery of..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for injunction - Not maintainable when plaintiff not in possession of the property in dispute...........
Specific Relief Act, 1963, Section 37, 38 -- Injunction suit - Possession - Plaintiff's witnesses stated that the defendants were in possession of the plot in question - Trial Court concluded that there were certain temporary structure on the property in question which apparently did not belong to the plaintiffs - In these circumstances, it would not be proper for the..........
Civil Procedure Code, 1908, Order 41, Rule 27(b)- -- Appeal - Additional evidence - One of the issues was whether the plaintiff is money-lender without a valid licence - Money lenders registration certificate is thus necessary for proper decision of the said issue - Additional evidence allowed - Held, appellate Court has not exercised its discretion arbitrarily and as such..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim order granted - Subsequently suit dismissed on merits - It is within the competence of the Court to award damages against plaintiff, for obtaining the order of interim injunction...........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 16(c) -- Second appeal - Finding of fact - Finding that no effort has been made by the plaintiff to pay the sale consideration to the defendant - This is a finding of fact and is binding in second appeal...........
Specific Relief Act, 1963, Section 16(c) -- Ready and willing - Findings arrived by Courts below that no effort was made by plaintiff to pay sale consideration to defendant - It is a finding of fact, binding in second appeal - No evidence that attitude of defendant was the cause for plaintiff not being able to pay the amount to defendant - Courts below rightly dismissed..........
Civil Procedure Code -- Additional evidence in appeal - One of the issues in the case whether plaintiff a money-lender without a valid licence - Money Lender's Registration Certificate - Necessary for proper decision of issue - By taking additional evidence - Appellate Court not exercised its discretion arbitrarily...........
