Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Sought against co-sharer restraining him from raising construction over suit land - No evidence to show exclusive possession - A co-sharer cannot raise construction and change nature of land without constant of other co-sharers...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Police aid - Interim injunction made absolute - Attempts made to interfere with possession of petitioner - Court is justified in granting police aid...........
Limitation Act, 1963, Section 65, Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Adverse possession - Plaintiffs claiming to be in possession for the last 40 years - Defendants in their written statement taking the plea that the possession of the plaintiffs was that of trespassers i.e. `illegal possession' - Plea of possession of more than 12 years when admitted then..........
Arbitration Act, 1940, Section 2 -- Contractor accepting and receiving amounts in full and final settlement of claim under the contract without any protect - No allegation that the payment was received under coercion, mistake, mis-representation, without prejudice or under protest - Arbitration clause in the contract does not survive...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Violation of temporary injunction - Attachment of property is not a condition precedent for detention of the party in prison...........
Civil procedure Code, 1908, Order 2, Rule 2 -- Agreement to sell - Suit for permanent injunction filed - Such a suit would not bar subsequent suit for specific performance...........
Civil Procedure Code, 1908, Order 30, Rule 1, 2 -- Suit in the name of firm filed by one partner - Suit is maintainable...........
Contempt of Courts Act, 1971, Section 2(b) -- For a mere disobedience of Court order a person cannot be punished for contempt - Disobedience must be wilful - Where an order alleged to have been violated is subject to two interpretations, it cannot be said that a person has committed wilful disobedience of that order, if he takes in defece one of the two possible..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Equitable relief - Only those whose hands are clean are entitled to equitable relief of injunction...........
Civil Procedure Code, 1908, Order 17, Rule 2, Civil Procedure Code, 1908, Order 9, Rule 9 -- Plaintiff absent on date of hearing and no evidence adduced on his side upto the date of hearing - Suit dismissed - Dismissal order is one U.O.17 R.2 - Remedy is by way of an application U.O.9 R.9 to get the dismissal set aside - Appeal does not lie...........
