Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Suit for mandatory injunction filed by tenant that he be permitted to carry out repairs to the dilapidated portion - Counter claim by landlord seeking vacation of premises on the ground of bona fide necessity - Counter claim filed after a gap of 13 years of institution of suit - Delay in seeking counter claim..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - It is clear from evidence on record that there was a dispute with regard to pathway - Incident occurred in a sudden quarrel on the day of occurrence without any pre-mediation or preplanned manner - Accused filed a civil suit and obtained injunction orders and inspite of the same, for violation..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Dismissal of application for injunction in a prior suit instituted by plaintiff - High Court granted injunction by pointing out that it was only a suit for permanent injunction and that dismissal of application for injunction without recording any finding relating to possession was of no consequence -..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Interim injunction - Disobedience - Advertisement was telecast in three television channels despite injunction order - Response of television channels that advertisement was telecast on few days due to technical error - Act of appellant was not intentional or deliberate to flout injunction order - Unconditional apology..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 4 -- Ex parte ad interim injunction - Court shall vacate the injunction only if it comes to conclusion that plaintiff had knowingly made false or mis-leading statement in relation to the material particulars leading to grant of injunction...........
Agreement to sell -- Karta of Hindu Joint Family - Legal necessity - Karta entered into an agreement to sell who was in need of funds to meet the domestic necessities - A coparcener cannot seek injunction against Karta restraining him from dealing with or entering into a transaction of sale of Joint Hindu Family Property, albeit post alienation has right to challenge the..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for mandatory injunction - Removal of construction - Property in question is joint - Proceedings were pending before Consolidation authorities and no attempt was made by plaintiff to get their shares demarcated - At no point plaintiff ever sought relief of partition - Even, in absence of substantive relief and..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Suit for permanent injunction - Plaintiffs have claimed themselves to be co-owner and to be in possession of a portion of property with a further assertion that defendants are trying to dispossess them of same illegally - Plaint thus, shows a cause of action as claimed..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad-interim injunction - Necessary ingredients for grant of ad-interim injunction are not found by Courts below especially with regard to balance of convenience being in favour of defendant/counter claimant - Loss if any which may be suffered by defendant can certainly be calculated in terms of money - Discretionary..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Suit for permanent injunction - Lower Appellate Court has committed a grave error in not noticing evidence of either of parties, neither returning any definite finding regarding property in dispute, construction or possession of either of parties and has dismissed the same - Since disputed issues between..........
