Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for injunction - Plea justifying claim for restoration of possession by way of amendment - Not inconsistent or disruptive of the original plea...........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - D.H. dispossessed by defendant after getting possession of land in suit for declaration of title - Remedy lies to press into service for second execution with police for restoration of possession - Law of criminal trespass is another aid for protection in appropriate criminal proceedings against defendants..........
Civil Procedure Code, 1908, Section 151 -- Dispossession in violation of order of temporary injunction - Court can order restoration of possession by exercise of power u/s 151 CPC even when amendment of plaint is not sought for restitution or restoration or recovery of possession...........
Land Acquisition Act, 1894, Section 16, 31, 48 -- General Clauses Act, 1897, Section 21 - Bangalore Development Authority Act, 1976, Section 13 & 38 (C) - Reconveyance/restoration of acquired land - Land acquired by Board / Authority - Amount tendered and paid - Possession taken over - Land vested in the State/Authority - Acquisition process stood completed - Resolution by..........
Companies Act, 1956, Section 630 -- Heirs of employee of company, after his death, wrongfully withholding flat - Proceedings for restoration of such property - Earlier order of High Court in civil suit for injunction against company not to dispossess said heirs of employee from flat except with `due process of law' - Does not mean that Company has to approach Civil Court..........
Court Fees Act, 1870, Section 7(v) -- Licence - Termination - Suit for mandatory injunction for restoration of possession - Court fee payable is as applicable to suit for injunction and not one which is applicable to a suit for possession...........
Specific Relief Act, 1963, Section 6 -- Suit u/s 6 - Court is required to hold summary proceedings in relation to lawful possession and dispossession in an unlawful manner - When both the factors are established then a decree of restoration of possession can be passed - No appeal or review is maintainable against such a decree - In case of dismissal of suit no appeal is..........
Criminal Procedure Code, 1973, Section 456 -- Possession - Restoration - Conviction for dispossessing a person by criminal force - Order for restoration of possession can be passed within one month of order of conviction...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Restoration of possession of land - Violation of decree for permanent injunction by judgment-debtor - Executing Court has jurisdiction to order restoration of possession of land to decree-holder on application under Order 21 Rule 32...........
Punjab Co-operative Societies Act, 1961, Section 55, 82, Rajasthan Co-operative Societies Act, 1965, Section 75, 137 -- Bar of jurisdiction of Civil Court to try suit - Plaintiff purchased plot allotted to his vendor by Co-operative Society - Suit filed for declaration of title, restoration of possession and injunction against encroacher-defendant - Neither plaintiff nor..........
