Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Not to be appointed as a matter of course - As it is a harsh remedy, discretion must be exercised with care and caution - An order of appointment of receiver should not be made where it has the effect of depriving of a party defacto possession which it may cause irreparable loss...........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Partnership firm - L.R's of deceased partner, who died during pendency of suit, seeking appointment of receiver - L.R's are non-partners of the firm - Receiver cannot be appointed at the instance of non-partners...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Decision of a Court overlooking the decision of Supreme Court - Constitutes an error apparent on the face of record justifying the review...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Unlawful possession or possession without any right to be lawfully in possession of the property - Plaintiff not entitled to injunction against the true owner...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Agreement to sell - Suit for specific performance - Restraint order from interference with possession sought - Agreement denied by vendor - Vendor alleged possession of another vendee under registered sale deed - Plaintiff admittedly in possession - Plaintiff having prima facie case on raising a..........
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..........
