Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Tenant can be restrained from making any structural addition or alternations and from changing the existing position or effecting any major repair in the shop illegally or forcibly without the prior consent of the landlord or without the prior permission of the Rent Controller...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit for specific performance - Agreement for purchase of flat in a building constructed on plot leased out by municipality - Plot developed and building constructed by a company - Agreement executed by original lessees surrendering their right, title and interest in land and building in favour of said company - Agreement..........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Permission - Need not be expressly recorded - Permission can be inferred from the proceedings in the trial Court...........
Civil Procedure Code, 1908, Order 1, Rule 8(2), Civil Procedure Code, 1908, Order 7, Rule 10-A -- Suit filed at Gurgaon - Plaint returned to be presented to Court at Palwal as Gurgaon Court did not have the territorial jurisdiction - Held, it is not necessary for the Court at Palwal to follow the procedure of O.1.R.8(2) of the Code again when it had been followed by the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Transfer of Property Act, 1882, Section 53A -- Ad interim injunction - Restraining defendant from interfering in possession of plaintiff - Defendant claiming to be put in possession in pursuance of the part performance of agreement to sell - Held, agreement to sell does not create any right in the property - Ad interim..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Provision does not confer any power on the Court to direct the defendant to adduce evidence first if defendant himself has not claimed such right in view of the contingencies mentioned in the provision...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - Suit for permanent injunction restraining Municipal Council from demolition of the construction - Held, neighbour is a necessary party...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad-interim injunction - Implementation - Police help - Cannot be denied merely because order of ad-interim injunction is appealable - Order is to be respected till it exists...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Execution of decree - Ad interim injunction sought - Dismissed as objection petition can always be filed by the plaintiff in accordance with law and executing court is bound to consider the same...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Unless order sought to be reviewed suffers from error apparent on face of order and permitting order to stand will lead to failure of justice, no interference can be made in review jurisdiction...........
