Specific Relief Act, 1963, Section 38 -- Suit for injunction - Co-owners - Suit for injunction is maintainable even by any of co-owner without impleading the other co-owners as parties...........
Specific Relief Act, 1963, Section 38 -- Suit for injunction - Without seeking relief of declaration - When there was no cloud over ownership of plaintiffs qua subject property, they were not required to bring a suit for declaration...........
Specific Relief Act, 1963, Section 38, Transfer of Property Act, 1882, Section 54, Registration Act, 1908, Section 17, Evidence Act, 1872, Section 90, Civil Procedure Code, 1908, Section 100 -- Suit for permanent injunction - Categorical findings recorded by trial Court that plaintiffs were able to establish their ownership over subject property, as same was purchased by..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Plaintiff admitted that property for which application for injunction was filed was in possession of defendants for which plaintiff had filed a suit for recovery of possession - If injunction is granted in favour of plaintiff, it is not plaintiff who will suffer irreparable loss or damage but it is..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for permanent injunction - Both parties claiming to be in possession - This question cannot be gone into at this stage...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for permanent injunction - Reliance on an unregistered agreement to sell in suit cannot be a ground for rejection of plaint...........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction and for damages - Defendant without consent of plaintiff mortgaged his property with the bank and availed financial facilities - Relief of permanent injunction and grant of Rs.1,00,000/- as damages for mental agony suffered by plaintiff, upheld...........
Civil Procedure Code, 1908, Section 92 -- Suit for permanent injunction by Public Charitable Trust - Leave of Court to file suit u/s 92 CPC - S.92 CPC is not applicable to such a suit as suit does not relate to removal of a trustee, appointment of a trustee, direction to a trustee, account and enquiries of the trust, usage of the trust property for a particular purpose,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from selling properties allegedly bequeathed to him by father of defendants through unregistered Will - Finding on prima facie case recorded by trial Court while allowing application is not supported by any material on record - Trial Court has put negative burden upon defendant..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for possession and permanent injunction - Suit filed only against defendants and one of defendant is wife of applicant who has filed detailed written statement for protection of her rights as well as rights of applicant - Applicant despite knowing about filing of suit since beginning and being..........
