Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Installation and running of stone crusher - Public nuisance - Health hazard - Nearness to abadi - Violation of norms- Suit for permanent injunction alongwith application for interim injunction restraining defendants for installing any machinery for running and working of stone crusher - Defendants claiming installation in..........
Civil Procedure Code, 1908, Section 47, Specific Relief Act, 1963, Section 28 -- Objection as to rescinding of Contract and/or benefit of construction - Decree for possession by way of specific performance upheld uptill High Court - Fresh construction raised by JD during execution of decree - Suit for permanent injunction by DH restraining JD from raising construction -..........
Medical service -- Medical Negligence - Res Ipsa Loquitur - Ayurvedic doctor - Not qualified to administer any allopathic treatment - Administering injunction causing penetrating injury resulting in interruption of blood supply leading to gas gangrene - Principle "Res Ipsa Loquitur" applied - Order awarding compensation of Rs.50,000/- upheld...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Suit for permanent injunction - Application u/o 39 R 1 & 2 for interim injunction - Declined by Trial Court - First Appellate Court, disposed of appeal & main suit in terms of statement made by plaintiff - Decree sheet drawn up. Held - Order of First Appellate Court not an order simplicitor permitting withdrawal of appeal...........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Legal representative - Adopted son seeking to be substituted as LR - While deciding application U.O.22.R.5, issue cannot be framed as to whether requirements of Ss.7 and 8 of Hindu Adoption and Maintenance Act, 1956 had been complied with or not - Status of applicant as an adopted son cannot be looked into and is irrelevant..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-owners - Private partition - Each of the co-owners in possession of a specific area and plaintiff raised construction of three shops and leased out land in favour of a brick kiln owner - Private partition is possible even in the absence of an order passed by authorities concerned - Held,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Plea in written statement as to raising of boundary wall only - Defendant in fact constructing a house - Different stand taken in written statement is not appreciable but that itself is not a ground to stop defendant from raising construction in his own land...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Construction is violation of statutory provisions - Defendant has no right to raise construction which is violative of statutory provisions - Defendant can raise construction only on getting a no objection certificate from concerned authorities that construction raised by him is not violative of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Plantiff claiming title on the basis of sale deed executed in 1989 - Amendment sought to raise a plea of adverse possession - Prior to filing of suit possession for period less than 3 years - Plantiff cannot be permitted include the period of pendency of suit to raise plea..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree of permanent injunction - Death of D.H. - Execution of decree by legal heirs - If the remedy of injunction granted by the decree is in respect of any heritable and partible right, it does not get extinguished with the death of a party thereto, but enures to the benefit of the legal heirs of the..........
