Civil Procedure Code, 1908, Section 2(10), Order 21, Rule 10 -- Execution - Suit dismissed and positive order in favour of defendant directing plaintiff to remove unauthorised constructions made during pendency of suit - Non compliance of order - Execution petition at the instance of defendant is maintainable...........
Criminal Procedure Code, 1973, Section 439, Prevention of Corruption Act, 1988, Section 7, 13(1)(d), Maharashtra Control of Organised Crime Act, 1999, Section 3(2), Indian Penal Code, 1860, Section 107 -- Bail - Conspiracy to commit, to abet, to knowingly facilitate the commission of an organised crime, namely, the printing and sale of fake stamp papers - Deliberate..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Breach of injunction - The purpose of the provision is not to punish a person who has disobeyed the injunction order, but to enforce it...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Breach of injunction - Order passed in presence of counsel for the parties - Not proved that defendants had knowledge of the order passed - Unless knowledge of the order of Court is proved, the breach thereof cannot be said to be willful...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo - Order of - Court not to pass order of status quo without indicating as to what was the status quo...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Eviction - Bona fide requirement - Landlady did not depose as her own witness - Statement of attorney is not sufficient to order eviction on ground of personal necessity...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Scope - (1) The correct test in cases falling under Order II Rule 2, is whether the claim in the new suit is in fact founded upon a cause of action distinct from that which was the foundation of the former suit; (2) The `cause of action' means every fact which will be necessary for the plaintiff to prove it traversed in order..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Prima facie case - Does not mean an iron cast case with cent per cent chances of success - Injunction is to be granted where serious question is to be tried - Denial of interim relief to cause prejudice to plaintiff who will suffer penalties imposed by apparently illegal order - Interim injunction..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Section , Order 43, Rule 1(r) -- Temporary Injunction - Scope of interference in appeal - Appellate Court is required to interfere in order passed by the Trial Court on application under order 39 Rules 1 & 2 for temporary injunction when Trial Court acts arbitrarily, capriciously or perversely in..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim order - Implementation - Police help - Final interim order can be got executed through police agency in exceptional circumstances by invoking the inherent powers in terms of S.151 of the Code...........
