Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining Bank from attaching and auctioning suit property during pendency of suit - Suit for injunction and declaration - Plaintiff purchased property by payment of due consideration by registered document and is in possession of the same - It cannot be said that property in question if it is..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim Injunction - Ancestral property - Inheritance prima facie is from a direct male ancestor exceeding three degrees higher than themselves - Plaintiffs only intend that defendant should not alienate, encumber, transfer or change the nature of suit property in any manner during pendency of suit - They have not..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Setting aside ex-parte decree - Condonation of delay of 102 days in filing application - Court dismissed application filed u/s 5 of 1963, Act and ordered delivery of property on the very same day without granting time to petitioner to move to higher Forum - Prima facie, when termination of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Territorial jurisdiction - Issue regarding jurisdiction of Court already framed by Trial Court - Prima facie from the contents of plaint, it cannot be determined that civil Court has no jurisdiction to entertain the suit - Moreover, question regarding territorial jurisdiction is always disputed question..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad-interim injunction - Restraining defendants from constructing over newly craved out plots - Plaintiffs contended that light, air and approach to her plot from both the sides will be obstructed if said construction is made out - However, prima facie no case is made out that plaintiff is enjoying such rights by way of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 15, Specific Relief Act, 1963, Section 34 -- Suit for injunction - Railway authorities claiming suit land issued notice to plaintiff under 1971 Act - However, plaintiff instead of taking recourse of appropriate provision of law has instituted suit by..........
Civil Procedure Code, 1908, Section 35, Himachal Pradesh Tenancy and Land Reforms Act, 1972, Section 118 -- Imposition of costs - Frivolous litigation - An no, agriculturist cannot purchase land in Himachal Pradesh without prior permission of State - Authorities directed him to produce required documents in specified time - But instead of filing requisite document, he..........
Civil Procedure Code, 1908, Order 22, Rule 10 -- Substitution of a party - Court power is discretionary - Rule is that on prima facie satisfaction Court should allow the application - Court cannot get into merits of the application and adjudicate finally at this stage thereby foreclosing the opportunity of interested party from asserting its rights which it could have done..........
Trade Marks Act, 1999, Section 134, 135, Copyright Act, 1957, Section 55, 62, Civil Procedure Code, 1908, Section 19, 20, 151, Order 7, Rule 10, 11(a), (b) -- Composite suit restraining infringement of trade mark, copyright and rendition of accounts - Jurisdiction - Suit filed in a Court at place `A' - Held, once composite suit restraining infringement of trade mark,..........
Trade Marks Act, 1999, Section 134, 135, Copyright Act, 1957, Section 55, 62, Civil Procedure Code, 1908, Section 19, 20, 151, Order 7, Rule 10, 11(a), (b) -- Composite suit restraining infringement of trade mark, copyright and rendition of accounts - Jurisdiction - Suit filed in a Court at place `A' - Documents annexed with plaint and averments made in plaint prima facie..........
