Civil liability -- Right of a co-sharer to enjoy the joint family property is a civil right - Such right when denied by other co-sharers then remedy available is under civil laws...........
Co-sharers -- Denial to enjoy joint family property by other co-sharer - Remedy available is under civil laws and not under criminal laws...........
Court Fees Act, 1870, Section 7(iv)(c), Article 1 -- Suit for specific performance - Execution of subsequent sale deeds challenged - Declaration sought that the sale deeds in favour of other defendants illegal, null & void - Claimed decree of mandatory injunction to execute and register sale deed in favour of plaintiff - Case not covered u/s 7(iv)(c) - Provisions of..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Construction raised inspite of undertaking given in a previous suit not to raise any construction - Mandatory injunction for removal of construction rightly granted...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Seeking relief of mandatory injunction - Subsequent events - Drain demolished inspite of ad interim injunction - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint after framing of issues and decision of application for temporary injunction - Certain developments after filing of plaint necessitating amendment to claim relief of mandatory injunction - Amendment allowed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restoration of electricity and water supply - Tenancy coming to an end with efflux of time - Tenancy not renewed - Tenant thereafter in unauthorised occupation - No fault can be found for disconnecting the electricity and water supply...........
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 23, Rule 1 -- Simpliciter suit for injunction - Suit withdrawn - Subsequent suit for declaration of title, injunction and recovery of part of extent over which structures exists - Cause of action for subsequent suit arose as defendant attempted to trespass and put up some constructions..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Bank guarantee - Invocation and encashment - Bank guarantee has to be honoured in accordance with its terms - Exceptions to this rule are when there is a clear fraud on the part of beneficiary of which bank has notice - Secondly there are special equities in favour of grant of injunction - Appeal..........
Specific Relief Act, 1963, Section 37, 38, Civil Procedure Code, 1908, Order 7, Rule 7 -- Subsequent events - Moulding of relief - Suit for permanent injunction restraining defendants from demolishing chubaches and filling up the well - Trial Court found that defendants demolished chubaches and filled up the well after filing of suit - Dismissed suit for want of amendment..........
