Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction in favour of a trespasser or a person who gained unlawful possession - Cannot be granted as against true owner...........
Civil Procedure Code, 1908, Section 115, Order 39, Rule 1, 2 -- Trial Court as well as Appellate Court declined interim injunction - Prima facie findings of Courts below based on valid reasons - Interference in revision under Section 115 - Declined...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Issue regarding maintainability of suit - No evidence required - Issue can be treated as preliminary issue...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Question as to whether the suit is maintainable in the present form - It is an issue of law and it goes to the root of the matter - Whole case can be disposed of by issue of law and it may not be necessary to take evidence on any other issue - Trial Court treating it as preliminary issue - Order upheld...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Issue regarding maintainability of suit - Should be treated as preliminary issue - Issue whether suit maintainable in present form - Issue of law and goes to the root of the matter - Whole suit can be disposed of by decision on this issue - Can be decided by looking into pleadings of the parties...........
Civil Procedure Code, 1908, Section 47, 2(2), 2(9), Order 34, Rule 7, 8, 9 - - Suit decreed as prayed for with a direction that plaintiff can execute decree only after deposit of sale consideration proved to have been received by him while executing the document (sale deed) and for this purpose allowed 3 months time - Execution of decree after deposit of amount - Objection..........
Haryana Panchayati Raj Act, 1994, Section 177, 175, 2(xli) -- Term "member of a Gram Panchayat" in Section 177(1) - Includes a Sarpanch - Plea that provisions of Section 177 confined to Panch or Up-Sarpanch in view of definition in Section 2(xli) and application under Section 177 not maintainable against Sarpanch - Not tenable as it would mean that Sarpanch may do whatever..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Defendant seeking temporary injunction - Such claim is maintainable only if cause of action for seeking such relief arises out of or incidental to suit - Where cause of action is unconnected with suit against him he can claim relief only by separate suit...........
Constitution of India, 1950, Article 226, Punjab Lok Pal Act, 1996, Section 2(b), 14 -- Complaint - Misconduct by a public man - Lok Pal cannot compel the petitioner to appear before him personally on any date or every date of hearing...........
Criminal Procedure Code, 1973, Section 2(d), Punjab Lok Pal Act, 1996, Section 2(b) -- Complaint - Person against whom the complaint is made before the Lok Pal under the Act of 1996 is not an accused...........
