Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Implementation - Police help - Allowed by trial Court - Order upheld - Provisions of O.39.R.2A does not control the jurisdiction vested in the Court in exercise of inherent powers under S.151 of the Code - No person can be permitted to take the law in his own hands and to flout the orders..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Plaintiffs claim to be in possession and having become owners by adverse possession of land owned as Mushtarka Malkan - Defendants allege that land in dispute allotted to them during consolidation and possession thereof delivered to them by Consolidation Department - Possession of plaintiffs should not be disturbed till..........
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 23, Rule 1 -- Earlier two suits for joint possession dismissed as withdrawn with permission to file fresh on the same cause - Third suit on same cause for recovery of amount (land in the meantime having been acquired under Land Acquisition Act) based on title - Not barred by any principle of law..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), 4(2) -- Land if falls in any of the clauses of Section 2(g) - Sufficient to bring it within definition of Shamilat Deh - Would vest in Panchayat - Plea that in case of Banjar Qadim land, clause (5) alone would be applicable - Not tenable - All clauses are quite independent of each other and recourse can be..........
Civil Procedure Code, 1908, Order 14, Rule 5, 2 -- Additional issues - It is duty of Court to frame issues on all points involved in the suit - Even if a party could not press for an issue at the initial stage of framing issues made out from the pleadings, the party is not debarred from claiming an additional issue at any later stage...........
Uttar Pradesh Municipalities Act, 1916, Section 128, 129, 2(5) -- 'Common compound' - Meaning - Term 'Common compound' as found in S.129, Explanation (a) covers all buildings within the land wherein the occupants of the building have a common right of usage by way of passage to and fro or even otherwise a right to commonly use the said land wherein the cluster of buildings..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Obstruction of passage of light to plaintiff - Restraining defendant from making construction in question obstructing passage of light to plaintiff's unit - Defendant bound to raise construction according to Building Regulations of Industrial Development Corporation - Plaintiff alleged violation of..........
Civil Procedure Code, 1908, Order 13, Rule 2 -- Production of additional documentary evidence - Document sought to be produced was not in custody of applicant at relevant time - Permission for filing it at later stage can be granted...........
Civil Procedure Code, 1908, Order 22, Rule 2-A, 2-B -- as added by Punjab & Haryana High Court - Effect of 1976 Amendment - Concept of abatement of suit or legal proceedings - Lost its effective meaning - Does not substantially take away or give right to either parties to the proceedings. ( Para 7)..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Election of society - Injunction restraining the holding of election - Defendants not prima facie shown to be the members/founder members of the society - Courts below found prima facie case in favour of plaintiff - Balance of convenience found in favour of the plaintiff - If election is held as per..........
