Specific Relief Act, 1963, Section 19,20 -- Injunction - Question of title - Not to be determined and in any case dispute regarding title of Gram Panchayat could only be adjudicated under Punjab Village Common Lands (Regulation) Act and not in civil suit - For purpose of injunction, Court is only to see possession of parties...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Temporary injunction - Disobedience - Proceedings are quasi criminal in nature - Person who intentionally violates injunction order can be detained in prison - Principles of criminal law regarding mens rea and also that the defendant has voluntarily and intentionally committed breach of an ad interim injunction order must..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Even if there s no injunction, the principle of lis pendens enshrined in S.52 of TPA applies...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for injunction against the grant of retiral benefits to the defendant - Amendment sought seeking declaration that plaintiffs alone are entitled to be treated as legal heirs of deceased and all assets shall be given to them - Basis of amendment was denial of status of first defendant as the widow of..........
Criminal Procedure Code, 1973, Section 145 -- Decision as to possession - Has some evidentiary value but same is not binding on a civil court - Question of title not to be gone into in proceedings u/s 145 Cr.P.C. - Civil Court can grant injunction inspite of an order passed u/s 145 Cr.P.C...........
Common wall -- Law as to - (1) each co-owner can reasonably use it, without interfering with the enjoyment of the wall by the other but he must not do anything which will damage or weaken the wall; (2) if a co-owner builds a new piece of wall on the top of the party wall either with the consent or with the acquiescence of the other co-owner, the raised portion of the wall..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Common wall - Temporary injunction - Restraining defendant from causing damage to party wall - Trial Court directing defendant to give an undertaking that in case while constructing his portion including his share in the disputed party wall, if any damage is caused to plaintiff's property he will either get damaged..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Restraining defendant from dealing with his property - While granting injunction condition can be imposed on plaintiff that in case he fails in his suit he will pay to defendant the difference between the agreed price and present market value of the property...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Reply filed to temporary injunction copied and filed as written statement wherein there were only six paragraph whereas plaint had 22 paragraphs - Contents of rest of the paragraphs of plaint not dealt with in the written statement - A party not to be punished for the fault on the part of the..........
Civil Procedure Code, 1908, Section 100, Order 39, Rule 2(A) -- Second appeal - Suit for injunction - Grant of - Challenge - As per documentary and oral evidence, there was family partition effected between the co-sharers with respect to the joint properties - Civil Court had jurisdiction over the subject matter of suit for injunction based upon undisputed title of the..........
