Criminal Procedure Code, 1973, Section 145, 146 -- Civil suit for permanent injunction filed by both the parties - Order of Magistrate u/ss 145 & 146 Cr.P.C. quashed - Parties to approach civil Court for interim order...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for declaration and for consequential permanent injunction - Subsequent to filing of suit defendant found to be in possession of part of property - Amendment of plaint sought to include relief of recovery of possession and mandatory injunction - Defendant can raise the objection as to limitation by..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Wall demolished and new door and window opened despite knowledge of temporary injunction - Defendant directed to undo the wrong done by demolishing the construction made during the pendency of litigation and both parties to be relegated to the position of status quo ante on the date of passing of temporary injunction by..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction u/s 151 can be granted in a case when any of the ingredients for the grant of temporary injunction is missing when granting of temporary injunction is found to be imperative in the interest of justice...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Application rejected - Even then plaintiff can move fresh application u/s 151 CPC with a distinction that in case temporary injunction is granted under O.39.Rr.1, 2 then Misc. appeal is maintainable under O.43.R.1 but if an injunction is granted under S.151 then no Misc. appeal is..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for injunction - Defendant using the disputed land as passage - From this it cannot be concluded that defendant is not in possession of the suit land - Dismissal of suit by first appellate Court - Order upheld...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Co-owner - A co-owner who is not in possession of any part of the property cannot seek an injunction against another co-owner unless any act of the person in possession of the property causes prejudice or is adverse to the interest of the co-owner who is in possession...........
Criminal Procedure Code, 1973, Section 145 -- Preliminary order u/s 145 Cr.P.C. - Injunction order passed by civil court against respondents 2 and 3 in favour of wife of first petitioner - Order of injunction passed earlier than the order of the Executive Magistrate - Proceedings quashed qua flat regarding which injunction order passed by civil Court...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Restraint order in favour of plaintiff restraining defendant from (1) alienating suit property (2) from cutting and removing trees (3) from interfering in the peaceful possession of the plaintiff - Order confirmed by High Court in appeal - In the same suit an application filed by defendant seeking same relief also granted..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Trespasser - Not entitled to injunction against owner or manager of the property...........
