Specific Relief Act, 1963, Section 38, 39 -- Injunction - Appellate court would not reverse finding of trial court solely on ground that different view can be taken - it has to be seen that principles governing grant of interim injunction have been kept in mind keeping in view the irreparable loss and injury which could be caused...........
Constitution of India, 1950, Article 227, Specific Relief Act, 1963, Section 38, 39 -- Injunction - Refusal - Validity - Dispute pertained to house-cum-shop and there was agreement that father had agreed to sell his share to petitioner and received a specific sum and compromised - Petitioner is running his business and income tax returns in his name have been appended and..........
Specific Relief Act, 1963, Section 38, 39 -- Permanent Injunction - Sought on the basis of alleged exchange deed of Plot in lieu of Plot - Exchange was found to be without consideration - Consideration was plot in lieu of plot - In absence of consideration, the transaction of exchange was void and was not legally enforceable - Permanent Injunction not granted...........
Specific Relief Act, 1963, Section 38, 39 -- Permanent Injunction - Possessory right - Possession of plaintiff over plot is not proved by way of any acceptable and legal evidence - Permanent injunction not granted...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Grant of - Demarcation report proved on record that it was made strictly according to the procedure laid down - Petitioners alleged that he along with other shareholders had used disputed land and respondent had no concern therewith - Respondent sought possession of disputed land in the counter claim -..........
Specific Relief Act, 1963, Section 38 -- Perpetual Injunction - Grant - Bill received by appellant as a result of inspection of load of electricity pertaining to business premises - Appellant has not adduced any evidence to substantiate her plea that electricity connection to her premises was disconnected and she did not use electricity - Existence of bill not challenged -..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants from interfering in peaceful possession of plaintiff - Suit land belonged to Gram Panchayat and not to private defendants, which fact is not even denied and disputed by defendants - Title in form of `Pattas' were issued in favour of plaintiffs - Said `Pattas' hold the field for which..........
Specific Relief Act, 1963, Section 38, 39 -- Injunction - Tenant seeking restraint order against landlord from forcibly dispossessing - Plea of landlord of vacating the premises and handing over possession - Possession taken by landlord by breaking open locks and tenant lodged a police complaint for committing the offence of criminal trespass - Absence of any entry in..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration & injunction - Maintainability - Plaintiff sought declaration that she is entitled to insurance amount of deceased `S' being his widow - Officers of LIC and MPEB being necessary party not implead in suit, which made the relief sought by plaintiff as futile in nature - Plea of plaintiff that after getting..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration & injunction - Objection regarding maintainability of suit - Merely because such objections were not raised before trial Court, same cannot be discarded as these objections are legal objections which can be raised even in first appeal...........
