Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte interim injunction order - Restraining Muslim husband from re-marrying another cannot be granted, when personal law expressly permits him to have more than one wife at a time...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 420, 467, 468, 471, 448 -- Cancellation of bail - Cheating - Property dispute - Dispute between parties is of civil in nature, as civil proceeding pending in Civil Court - Accused are in possession of property in dispute and they got injunction order by competent Court in their favour -..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Res judicata - Previous suit for specific performance and permanent injunction - Suit dismissed and appeal thereagainst pending - Subsequent suit for injunction on basis of same agreement to sell is barred by res judicata - Plaint rejected being barred by res judicata...........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for mandatory injunction - Execution of decree cannot be stayed during pendency of suit to set aside ex parte decree - So long as decree holds ground, the same may be executed...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file afresh - Formal defect - Suit for declaration and permanent injunction - Plaintiffs claiming themselves to be trustees of temple - They also claiming right to manage temple - Earlier proceedings initiated with third parties were not mentioned in plaint, as those documents were not..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - JDs filed suit for seeking injunction to restrain DHs from taking forcible possession otherwise than due process of law - In executing Court, DHs seek to recover possession by executing the decree which has attained finality upto the level of Hon'ble Supreme Court - This is certainly not a..........
Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 6, Rule 17 -- Abandoning suit against defendant No.5 - Amendment of plaint - Suit for permanent prohibitory injunction - Plaintiff has right to abandon his suit or part of claim against all or any of defendants - Trial Court while allowing application has imposed costs of Rs.500 on plaintiff..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Agreement to sell - Possession in pursuance of agreement to sell - Agreement to sell unregistered - Even if agreement to sell is required to be registered, it can always be looked into for collateral purposes i.e. to determine the nature of possession - Held, trial Court erred in declining the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Agreement to sell - Possession in pursuance of agreement to sell - Plaintiff in possession on the date of institution of suit - However, during pendency of suit plaintiff dispossessed - Held, Court has got enough powers u/s 151 CPC to undo the illegalities done by the opposite party during pendency..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Agreement to sell - Possession in pursuance of agreement to sell - Plaintiff in possession on the date of institution of suit - However, during pendency of suit plaintiff dispossessed - Defendant directed to hand over possession of suit property to plaintiff - Plaintiff with the help of police can..........
