Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Licencee cannot seek injunction against owner, who is deemed to be in legal possession of property...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of Plaint - Suit for mandatory injunction - Application u/o 6 R. 17 for converting suit into a suit for recovery - Declined by Trial Court on grounds that proposed amendment would change nature of suit & suit for recovery barred by limitation - Held - (i) Change of nature of suit per se no ground to reject..........
Transfer of Property Act, 1882, Section 108 -- Rights and liabilities of lessor & lessee - Unauthorised construction carried out by tenant/lessee without permission of landlord/lessor - Suit for mandatory injunction for removal of unauthorized construction - Tenant/lessee had no authority to raise construction/permanent structure without consent of landlord/lessor. Haryana..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Court in exercise of its inherent jurisdiction can grant temporary injunction in circumstances which are not covered under O.39 of the Code in exceptional circumstances...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Dispossession during pendency of injunction order - Restoration of possession - A party dispossessed in violation of order of injunction or stay order or acting in violation of said order - Court can by exercise of its inherent power put back the parties in the same position as they stood prior to the issuance..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Police help - Injunction order - Implementation - Court by exercise of its inherent power can give appropriate direction to police authority to render aid to the aggrieved parties for the due and proper implementation of the orders passed in the suit and also order police protection for implementation of such..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Restoration of possession - Dispossession during pendency of suit - Suit for declaration - Ad interim injunction order passed restraining from transferring, alienating or encumbering the suit property - Documentary and oral evidence has to be produced to prove possession at the relevant time - Though oral..........
Hindu Law -- Joint Family Property - Properties purchased by father - Sold to his grandsons - Suit by sons for permanent injunction restraining father & vendees from interfering in possession and enjoyment of said properties - Properties claimed to be purchased by father jointly with sons out of common pool - Suit dismissed by courts below - High Court relying on two other..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction in exercise of inherent jurisdiction - When can be granted - Courts have inherent jurisdiction to issue temporary order of injunction in the circumstances which are not covered under the provisions of O39 - Inherent power u/s 151 must be exercised only in exceptional circumstances for..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Violation of stay order - Exercise of inherent power - Parties to suit violating order of injunction or stay order or act in violation of said order - Court in exercise of its inherent powers can put back the parties to the same position as they stood prior to issuance of injunction order - Appropriate..........
