Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Ad interim injunction - From disturbing possession and creating third party rights - Defendant claiming possession on the basis of sale deed executed by plaintiff through her power of attorney - Plaintiff denying ever executing power of attorney - Non production of power of attorney by defendant is fatal to her case -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Scope - Power of appellate Court - Even the relief not claimed by defendant has been given in impugned order - Proprietary of - Held, first appellate Court has gone beyond the relief claimed, holding that defendant can do interior work, which included the flooring, tiling,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Pendency of suit - Counsel for parties have agreed amicably that trial court may be directed to decide the suit for permanent injunction within a time frame - Trial Court to decide suit on or before 31.5.2012 - Parties to maintain status quo...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Interim injunction - Violation - Proceedings U.O.39.R.2-A - Contempt proceedings - Discretion of Court - Held, it is sole discretion of Court to proceed in contempt - Contempt proceedings are essentially between Court and contemnor - All that petitioner can do is to bring to the notice of Court of breach of any order of..........
Civil Procedure Code, 1908, Order 39, Civil Procedure Code, 1908, Order 43 -- Interim injunction - Demolition of illegal construction - Order by corporation - Injunction sought by flat buyers - Trial Court declined to grant injunction on analysis of evidence and pleading that building in question was constructed in violation of sanctioned plan and flat buyers have no..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for specific performance - Plaintiff seeking protection of his possession and restraining creation of third party rights - Part of land already acquired - Plaintiff not able to justify as to how a suit for specific performance in respect of land which has already been acquired could be filed -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 21, Rule 54 -- Execution proceedings - Grant of injunction - Held, there is no power in an executing court to pass orders of injunction on a property outside its jurisdiction belonging to a party...........
Civil Procedure Code, 1908, Order 7, Rule 11, Rajasthan Land Revenue Act, 1956, Section 207, 88, 188 -- Schedule III, Item No.5 and Item No.23C - Rejection of plaint - Agricultural land - Suit for declaration and permanent injunction - Jurisdiction of civil court to entertain such suit - Held, suit clearly barred by S.207 of Rajasthan Tenancy Act which bars such suit from..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Mandatory injunction against i, laws - Property owned by father-i, law - Right of daughter-i, law to stay there - Held, prima facie daughter-i, law does not have a right to stay in the property owned by father-i, law and cause nuisance to old couple - She can be permitted to retain possession of the room in question by..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 1, Rule 10, Hindu Minority and Guardianship Act, 1956, Section 8 -- Temporary injunction - Grant of - Alienation of property of minors - Petitioner instituted petition u/s 8 of the Act to seek permission to sell property of minors without impleading father of minors as party, although he was..........
