Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for injunction - Identify of property disputed by defendant - Trial Court when wrong in dismissing the application...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for declaration that both registered Wills be declared as null and void - Plaintiff seeking temporary injunction restraining defendant from alienating and transferring suit property during pendency of suit - Appeal against dismissal of application - Restraint order need to be passed in view of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - Petitioner filed an application for impleadment, as his easementary rights are being affected - However, easementary right is independent right and same are not a subject matter of suit - Therefore, in case petitioner want to pursue the same, they are always free to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Defendants neither denied their signatures on agreement to sell nor alleged that agreement is a forged and fabricated document - Serious questions of fact and law are involved between parties which can be adjudicated after recording of evidence of both the parties..........
Specific Relief Act, 1963, Section 38, 39 -- Permanent prohibitory and mandatory injunction - Plaintiffs have established right over `C' scheduled pathway - Defendants on the other hand failed to establish any right over `C' schedule property - There is thus, an obligation on defendants not to invade or threaten right of plaintiffs over `C' scheduled way - Plaintiffs thus,..........
Civil Procedure Code, 1908, Order 7, Rule 11, Partnership Act, 1932, Section 69(2) -- Rejection of plaint - Suit for declaration and injunction - Sale transaction in question not arising out of business of firm - Suit is for enforcing right of avoidance of a document on the ground of fraud and misrepresentation and also the statutory right of seeking declaration and..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff executed power of attorney empowering defendant no.2 to sell property - Defendant no.2 has executed sale deed in favour of defendant no.1 - However, plaintiff contended that defendant no.2 was bereft of authority to transfer the property in view of fact that he..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Co-owners - Injunction - Law is not rigid that in no case injunction can be granted against co-owner - Injunction can be granted at the instance of one co-owner against another co-owner : (a) If one co-owner prevents the other from enjoying the common property, the affected co-owner can certainly approach the Court for..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Transfer of property pending suit - S.52 of Transfer of Property Act, does not operate as bar to grant of temporary injunction U.O.39.Rr.1, 2 CPC in discretion of trial Court, on fulfillment of pre-conditions for grant of temporary injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Transfer of property pending suit - Defendant no.1 during pendency of suit transferred suit property in favour of defendant nos 2 and 3 and those defendants in turn transferred part of suit property in favour of third persons - Defendants invoking jurisdiction of Court are therefore responsible for..........
