Partnership Act, 1932, Section 69(3), Arbitration and Conciliation Act, 1996, Section 9(ii)(c), 9(ii)(d), 9(ii)(e), Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 26, Rule 9, 11, Civil Procedure Code, 1908, Order 40, Rule 1 -- Partnership firm - Unregistered - Bar of S.69 (1) & (2) Partnership Act is not attracted for enforcement of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Bank guarantee - Injunction to be issued only in exceptional cases like fraud or irretrievable injustice...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Temporary injunction - Disobedience - Demolition of shop inspite of order of status quo - Authorities deliberately avoiding to answer averments made by applicants - Clear case of flouting of Court's order - Trial Court was wrong in refusing restoration of possession - Relief of restoration could not be granted by writ Court..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Possession delivered in pursuance of agreement to sell and this fact incorporated in agreement - Execution of agreement admitted - Plaintiff is not entitled to interim injunction by holding that actual physical possession was not given and only symbolic possession was given...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Defendant sought to be restrained from alienating or otherwise creating third party interest over suit property - Original agreement to sell not produced - Relief prayed for solely on ground of photocopy of alleged agreement - No explanation for not filing the original..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Restraining subsequent purchasers from alienating and raising any construction - Agreement to sell for a consideration of Rs.4.50 lacs whereas subsequent sale deed executed for a consideration of Rs.17.60 lacs - Amount of advance of Rs.1 lacs paid in instalments but no..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance and permanent injunction - Entire sale consideration amount received and possession delivered - Subsequently suit land mortgaged with Bank - Vendor not a defaulter in paying instalments to Bank - Bank not adversely affected by grant of temporary injunction - Status quo..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-owner - Can seek injunction if the act of co-owner amounts to ouster or is adverse to interest of co-owner who is out of possession...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6-A -- Written statement - Amendment to incorporate plea of counter claim - In the garb of temporary injunction defendant dispossessed - Counter claim related to suit property and was based on subsequent dispossession on account of temporary injunction - Amendment allowed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Sale deed executed by two brothers - Challenged by one brother after 7 years on ground of fraud & misrepresentation - Possession delivered to vendee - Mutation sanctioned in favour of vendee - The three basic ingredients for getting relief under O39 Rs 1 & 2 - Prima facie case in favour, Balance of..........
