Civil Procedure Code, 1908, Section 92(h) -- Public trust - Suit for permanent injunction restraining defendants from interfering with rights of plaintiffs to discharge their duties in Church - However, neither there was any allegation of mismanagement nor breach of trust either express or constructive in plaint - There is no prayer for proper administration of Church -..........
Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Two sets of restraint orders simultaneously i.e. attachment before judgment and temporary injunction - Erroneous and irregular - Order of attachment before judgment allowed and order passed U.O.39.Rr.1,2 set aside...........
Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7 -- Rejection of plaint - Court fee - Suit for specific performance in the garb of suit for declaration and mandatory injunction - Plaintiff cannot be permitted to avoid to pay ad valorum court fee by simply using different words and language - Order to pay ad valorum court fee on the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Co-owners - Absence of any valid explanation as to how respondents no.34 to 37 came into exclusive possession of 2 items of property - Therefore, applicants could not have forcibly dispossessed by respondents by taking the law into their hands - Injunction granted...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Suit for cancellation of registered sale deed and for declaration and permanent injunction - Plaintiff challenging decree passed in earlier suit and also registered sale deed - Admittedly, plaintiff was party to earlier suit, thus, he has knowledge of passing of decree and..........
Telegraph Act, 1885, Section 16, 10, Electricity Act, 2003, Section 164, Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Restraining defendant from erecting poles on any part of suit lands without following due process of law - District Magistrate granted necessary permission - 80% work already complete - Order granting interim injunction set aside..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Secured asset - Possession of - Stay of proceedings - Suit for permanent injunction filed by tenant which is pending before Civil Court against landlord prior to invoking of provision of SARFAESI Act by bank -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Suit for declaration and permanent injunction sought in respect of property as thika tenancy - Thika tenancy is to be entertained by Thika controller - No civil Court shall have jurisdiction to decide or deal with any such matter which required to be determined by Controller - Suit is..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Order rejecting injunction application - Writ petition - Petition filed after delay of about 2 years and 9 months - No indulgence therefore can be granted at such a belated stage - That apart, document which was heavily relied neither placed before trial Court nor same considered by Courts below..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Joint owner - Exclusive possession of plaintiff cannot be assumed - Defendant cannot be restrained to enjoy the suit property...........
