Specific Relief Act, 1963, Section 37, 38 -- Injunction - When a person seeks bare injunction based on possession, he has to prima facie identify the property for which relief is claimed...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff failed to provide a clear and identifiable description of property, including boundaries, which renders suit unsustainable - Plaintiff ought to have taken steps such as seeking a commission, to identify disputed property - Failure by plaintiff to take appropriate steps to substantiate his claim, he..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Application u/s 12 of the Act - Non appearance despite service of summons - Respondent to be proceeded ex parte - Warrants cannot be issued for securing his personal presence...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Provisions relating to setting aside of an ex-parte order are to be construed liberally so as to advance cause of justice and afford an opportunity to parties to contest the matter on merits, rather than deciding the same ex-parte...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Both the parties had placed reliance on demarcation reports obtained by them - Demarcation report as produced by plaintiff not found convincing - As regarding demarcation report submitted by defendant clearly spells out mode and manner in which measurements were carried out by..........
Court Fees Act, 1870, Section 7 -- Court fee - Suit for declaration and permanent injunction challenging two sale deeds - Plaintiffs are executants of sale deeds which they seek to set aside - Plea that sale deeds were obtained by fraud or that full consideration was not paid does not alter their status as executants - Even if such allegations are assumed to be true,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - When there is no contra evidence to rebut claim made by plaintiff seeking temporary injunction, no interference warranted in impugned order of granting temporary injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - No evidence on the part of defendant to show possession or construction or even `further possession' - Even, defendant failed to mark exhibits on his behalf in proof of title and possession - There is no contra evidence to rebut the claim made by plaintiff seeking temporary application - Temporary..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiff had themselves raised construction over part of suit property and were also cultivating portions of suit property - Therefore, they could not restrain defendant from raising construction or putting a wire around the suit property in her possession - Suit property has been..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97, 98, 99, 100, 101 -- Execution - Third party objections - Decree for specific performance - Relief sought for by petitioner is the same relief which was earlier sought by him in suit for declaration and in application for temporary injunction which already stood rejected on merits - Even, other siblings of..........
