Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff failed to produce any documentary evidence showing his ownership over suit property nor produced any document to prove his possession over suit property - Suit rightly dismissed...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction and compensation - Neither there were any pleadings nor any evidence led by plaintiff regarding compensation - Plaintiff continues to remain in possession i.e there is no cause of action for claiming relief of compensation - Therefore, even if submission regarding compensation has not..........
Interim custody of Child -- Permission to take child abroad sought by mother - Mother is admittedly in charge of child since pendency of original petition for permanent custody of child - Though child requires both the parents, but since mother has to travel abroad for her employment, said opportunity cannot be jeopardized solely because she is a mother - Petitioner being..........
Specific Relief Act, 1963, Section 38 -- Suit for bare injunction - When plaintiff is in possession of suit property on the date of filing of suit, other than issue regarding possession in a suit for permanent injunction, Court cannot touch upon title issue - Suit rightly decreed on basis of oral and documentary evidence placed on record...........
Damages -- Damages for use and occupation of property under Schedule-B - Property in question purchased by plaintiff and in a portion, defendant was granted license to take care of cattle belonging to her - Since, there was no necessity for continuation, such license was revoked - Defendant has been in unlawful possession of suit property - In spite of order of ejectment..........
Specific Relief Act, 1963, Section 38, 39 -- Permanent and mandatory injunction - Revenue records reflected joint ownership of suit land - Defendant admitted family settlement and plaintiff's exclusive possession of portion of suit property - Defendant's unambiguous acknowledgement of family arrangement carried decisive weight in upholding plaintiff's claim - Courts below..........
Legal Services Authorities Act, 1987, Section 22A -- Permanent Lok Adalat - Not applicable to service provided by Railways, as S.22-A of the Act is applicable only as regards carriage of passengers/goods by air, road and water - Statue is silent as regards carriage of passengers by railways - Moreover, jurisdiction of Permanent Lok Adalat is specifically ousted in view of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for permanent injunction - Whether plaintiff is signatory to agreement and whether plaintiff handed over physical possession of land in question to defendants, is a question of fact which cannot be gone in while considering application for rejection of plaint - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for permanent injunction - Objection that suit is barred by S.41 of Specific Relief Act can very well be considered by trial Court at an appropriate stage - Application rightly rejected...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Injunction against dispossession - Proof of possession is sine qua non for grant of a permanent prohibitory injunction against dispossession...........
