East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Eviction - Bona fide requirement - Landlady did not depose as her own witness - Statement of attorney is not sufficient to order eviction on ground of personal necessity...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Scope - (1) The correct test in cases falling under Order II Rule 2, is whether the claim in the new suit is in fact founded upon a cause of action distinct from that which was the foundation of the former suit; (2) The `cause of action' means every fact which will be necessary for the plaintiff to prove it traversed in order..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Prima facie case - Does not mean an iron cast case with cent per cent chances of success - Injunction is to be granted where serious question is to be tried - Denial of interim relief to cause prejudice to plaintiff who will suffer penalties imposed by apparently illegal order - Interim injunction..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Section , Order 43, Rule 1(r) -- Temporary Injunction - Scope of interference in appeal - Appellate Court is required to interfere in order passed by the Trial Court on application under order 39 Rules 1 & 2 for temporary injunction when Trial Court acts arbitrarily, capriciously or perversely in..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim order - Implementation - Police help - Final interim order can be got executed through police agency in exceptional circumstances by invoking the inherent powers in terms of S.151 of the Code...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Object - The object of Order 2 Rule 2 is to prevent a plaintiff from vexing the defendant again and again by filing separate or multiple suits by splitting a cause of actions or suing separately for each relief arising out of the same cause of action...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Violation of - Police help for implementation of order - Jurisdiction of trial Court to pass order - Trial Court granted ad interim injunction restraining defendants from interfering in the possession of the plaintiffs - Applications for providing police help for serving and harvesting..........
Criminal Procedure Code, 1973, Section 311, 397(2) -- Order of rejection of application u/s 311 Cr.P.C - Held, it is an interlocutory order and hence revision is not maintainable...........
Civil Procedure Code, 1908, Order 37, Rule 2 -- Summary suit - Written contract contemplated under Order 37 need not be signed by both the parties - However, the writing must be such to arrive at a conclusion that an agreement certainly has been brought into existence and that the claim made under such an agreement ought to be indisputable...........
Civil Procedure Code, 1908, Order 39, Rule 2-A, Contempt of Courts Act, 1971, Section 2(b) -- Interim order - Violation thereof - Suit ultimately dismissed - Interim order merges in the final order - Petitioner cannot make a grievance against such an interim order...........
