Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - When trial Court having heard the matter deems it appropriate to hear opposite party before considering grant of an interim injunction, brief reasons should be recorded for denying ex parte relief at that stage...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Injunction suit - Suit is simpliciter for injunction based upon possession of property - Said suit could be decided only by civil Court as there is no mechanism prescribed under Land Revenue Act for grant of injunction in respect of disputes relating to possession - Civil Court has plenary jurisdiction..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Partition suit - Plaintiff in occupation and possession of ground floor - Restraining co-sharers from dispossessing plaintiff from ground floor - In a suit for partition, right and status of a co-sharer should be maintained - Parties to maintain status quo with regard to possession of plaintiff in..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Agricultural land - Suit seeking injunction in respect of an agricultural land instituted without plaintiffs being recorded in revenue records - Plaintiffs having utterly failed to prove by pleading or by adducing evidence that they are owners in possession of suit property - Suit rightly dismissed...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Agricultural land - Name of plaintiffs not recorded in revenue records - Question of declaration is also involved, which a civil Court cannot grant to plaintiffs as decree of declaration only can be passed by competent Court having revenue jurisdiction - Suit rightly dismissed...........
Specific Relief Act, 1963, Section 38, Evidence Act, 1872, Section 102 -- Permanent injunction - Burden of proof - Agricultural land - Plaintiff filed suit on basis of ownership and title in suit property - However, plaintiffs upon whom burden of proof lies in view of S.101 of Evidence Act failed to produce any document pertaining to title in suit property - Entire..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Restraining co-sharer from raising any construction on the valuable and specific portion of suit land - Suit for partition pending in between parties - A co-sharer has no right to change nature of property till its partition takes place - However, there cannot be any bar either in law or..........
Specific Relief Act, 1963, Section 41(d) -- Injunction - No injunction can be issued to restrain a person from instituting or prosecuting any proceeding in criminal matter...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and prohibitory injunction - Relief of mandatory injunction sought by way of amendment of plaint - Though averments in plaint are incomplete to seek a relief of mandatory injunction, it cannot be found that by proposed amendment, plaintiff seeks to introduce a totally new and..........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Sale of minor's property by father in contravention of S.8(2) of the Act - Suit for declaration, possession and permanent injunction filed by minor after attaining majority without seeking relief of cancellation of sale deed in question not maintainable - Suit rightly dismissed...........
