Specific Relief Act, 1963, Section 38, 39 -- Termination of licence - Suit for mandatory injunction for delivery of possession if brought without undue delay then the suit is maintainable...........
Court Fees Act, 1870, Section 7(ivB) (b) and 7 (v) -- Termination of licence - Suit for mandatory injunction for delivery of possession if brought without undue delay then the suit is maintainable and the Court fee payable would be under section 7 (iv-B) (b) and not Sec.7 (v) of the Act...........
Suit for possession -- Suit for possession or injunction - Plaintiff has to stand on his own legs and has to establish his own rights and title - Plaintiff cannot claim himself to be entitled to get the decree on the basis of failure of defendant to prove his right or title...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1 -- Order of temporary injunction - Is appealable U.O.43.R.1 - Interference under Art.227 Constitution of India, not necessary...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1,2 -- If a person is dispossessed by wilfully and intentionally violating an order of injunction, it is duty of the Court to undo wrong done to the party in whose favour it has passed such an order...........
Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Bank filed suit for recovery against principal debtor and surety - Surety, though defen-dant can apply for attachment before judgment of property of principal debtor or seek injunction to protect his interests...........
Specific Relief Act, 1963, Section 39 -- Three houses allotted to three sons and pathway reserved common in a Will - One of the co-owners closed the pathway - Said action invalid as per clause of Will - Injunction granted...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Decree for prohibitory injunction - J.D. can be ordered to be detained in Civil prison in enforcement of the decree even after its violation where the violation is of a continuing nature...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Eviction decree - Execution - Tenant making futile attempts to challenge executability of decree by filing various applications - Suit by wife of tenant for declaration of title and confirmation of possession - Injunction against execution of eviction decree could not be passed in such suit...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunc-tion - Should be granted only in the rarest of rare cases - Land on which ditches have been dug do not appear to be in respondent's tenancy - Therefore, no mandatory injunction could have been granted against appellant. Respondent's injunction application rejected - Appeal al-lowed...........
