Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Court must assess the quantum of compensation payable by plaintiff to other party in case ultimately it is found that suit was without merit. 1995(2) Civil Court Cases 258 (S.C.) followed...........
Civil Procedure Code, 1908, Section 64, Order 39, Rule 2-A -- Defendant giving undertaking not to alienate property pending suit - Defendant subsequently alienating property - Violation of such undertaking amounts to violation of injunction order - Though alienation may be void under S.64 of the Code still defendants are liable to be punished under order 39 Rule 2-A of the..........
Urban Lands (Ceiling and Regulation) Act, 1976, Section 2(b), 2(g), 2(h), 7, 8 -- Excess urban land - Factory - Building used for industrial purposes is to be excluded and the vacant land occupied by the industrial unit is to be included within the meaning of vacant land...........
Hindu Marriage Act, 1955, Section 9, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Husband filed petition u/s 9 Hindu Marriage Act - Ad interim injunction restraining wife from remarrying - Injunction cannot be granted - In a matrimonial proceeding not being a proceeding of the nature specified in clauses (a), (b) or (c) of Rule 1 or in sub-rule (1) of Rule 2 of O.39,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration of title simpliciter - Court has power under Order 39 Rr.1, 2 or even in S.151 to grant ad interim injunction pending suit...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration of title simpliciter - Court has power under Order 39 Rr.1, 2 or even in S.151 to grant ad interim injunction pending suit..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- First suit filed to enforce Bank guarantee - Second suit filed to claim damages for breach of contract relating to work - Second suit is not barred U.O.2.R.2 as cause of action in both the suits is distinct...........
Civil Procedure Code, 1908, Section 2(2) -- Consent decree - As good as the decree suffered after a keen contest - Can be only avoided on the ground of fraud, misrepresentation and coercion and in case of a person of unsound mind, if next friend negligent in conducting the case/proceedings...........
Civil Procedure Code, 1908, Order 13, Rule 1, 2 -- Admissibility or otherwise of a document - Cannot be considered at the time of its production - Can be decided at the trial...........
Civil Procedure Code, 1908, Section 34, Interest Act, 1978, Section 2, 3 -- Money decree - Pendente lite and future interest - Liability to pay interest not arising out of commercial transaction - Rate of interest not to exceed 6% per annum -Pendente lite and future interest allowed @ 6% as against 19.5% per annum with quarterly rests allowed by lower appellate Court...........
