Divorce Act, 1869, Section 10(x) -- Dissolution of marriage - Mental cruelty - Petition by husband - In the instant case, husband and wife shifted from matrimonial home to some other place - Even, then brawl took place in house of parents of husband for which PCR was called and parents of husband has to face harassment and embarrassment before neighbours - Hence, once wife..........
Possession -- Suit for recovery, possession, mesne profits and permanent injunction - Entitlement to possession on the basis of title - Plea taken by defendant that property was not purchased by plaintiff with his own funds as he does not have any independent source of income - It does not render plaintiff disentitled to suit property as defendant does not claim that..........
Civil Procedure Code, 1908, Section 151, Order 12, Rule 6 -- Judgment on admission - Suit for permanent injunction - Suit cannot be dismissed only on basis of stray admission of PW1, which never constitute an absolute admission exercising powers U.O.12.R.6 CPC, by ignoring documents produced to prove that they are in possession of suit schedule property as on date of suit..........
Specific Relief Act, 1963, Section 39, 38 -- Revocation of licence - Suit for mandatory injunction and in the alternative for possession and for permanent injunction restraining appellant from applying for an electric connection to the Electricity Department in his name - Parties to the suit are closely related and record reveals that in spite of consistent requests made..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction - Ownership - In the instant case, notice was issued by defendant for resumption of land whereby said notice was challenged by plaintiff on assertion of absolute ownership and possession over property - However, said assertion was denied by defendant on ground that property belonged to Government..........
Civil Procedure Code, 1908, Section 100 -- Suit for permanent injunction - Ownership - Merely because possession of suit property was with plaintiff, by itself cannot be reckoned as evidence on issue of ownership of suit property when property is given to predecessor in title of plaintiff under old grant and owned by Government of India - Therefore, High Court upholding..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Contract Act, 1872, Section 23, 28, Copyright Act, 1957, Section 62, Trade Marks Act, 1999, Section 134 -- Ad-interim injunction - Infringement of copyright - Territorial jurisdiction - In the instant case, Cl.29 of agreement is clear and unambiguous and parties by said clause have bound themselves that in any matter arising..........
Specific Relief Act, 1963, Section 37, 38 -- Permanent injunction - Restraining defendant from dispossessing plaintiff from suit land - Plaintiff`s predecessor-i, title granted patta in relation to suit land on payment thus, prima facie case is in favour of plaintiff - Since possession of suit property is with plaintiff other two ingredients for grant of permanent..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration and permanent injunction against State - Non-compliance of provisions of S.304(1) of Rajasthan Municipalities Act, as two months prior notice before institution of suit was not served upon Municipality - However, objection regarding no, compliance of said provision was not taken..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit for declaration and permanent injunction was filed by tenant - Landlord subsequently filed suit for eviction against tenant - Cause of action in earlier suit cannot be said to be directly and substantially involved in subsequent suit for eviction - Subsequent suit rightly not stayed by trial..........
