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Tag: Injunction

CPC O. 39 R. 1 and 2 – Injunction restraining the petitioner from interfering with the respondent’s possession upheld. Petitioner’s claim of purchasing a share from a co-sharer rejected due to lack of evidence of possession by the co-sharer or the petitioner. Undivided shares can be sold but possession requires partition by metes and bounds. Injunction properly granted; petition dismissed. [ID 213901]

CPC O. 39 R. 1 and 2 - Injunction restraining the petitioner from interfering with the respondent's possession upheld. Petitioner's ...

Transfer of Property Act S.106 – Rent Act – Filing of an eviction suit under general law serves as a notice to quit to the tenant without the requirement of a separate notice under Section 106. 2007 PLRonline 0105 (SC)

Transfer of Property Act, Section 106 and Delhi Rent Control Act, 1958 - Filing of an eviction suit under general ...

Civil Procedure Code, 1908 (V of 1908) Order 39 Rule 1 and 2 – Property – Dispute with regard to identity of the property – Status quo – It would be appropriate for the parties to maintain status quo with regard to their possession. [PLRonline 417502]

Civil Procedure Code, 1908 (V of 1908) Order 39 Rule 1 and 2 - Property - Dispute with regard to ...

CPC O. 7 R. 11 – Power is limited to rejection of the plaint as a whole or not at all – It is impermissible to reject the plaint only against one of the defendants – Sarfaesi. [PLRonline #348208]

Full Judgment with detailed headnotes access for Premium Subscribers only (Click to subscribe ) 2019 SCeJ 837, (2019-3)195 P.L.R. 230 ...

Will – Proof – Photocopy – That being so, the question of comparison of signatures on the said photocopy of the Will with that of the register of the Deed Writer would not arise. [PLRonline 479650]

Will - Comparison of signatures - Expert from a government laboratory reported that they couldn't conduct an examination of the ...

Hindu Law – Family Settlement – Limitation – No period of limitation is prescribed for filing a suit for possession on the basis of inheritance. [ID 471672]

CPC O. 21 R. 97, 99 and 101 – Impleadment in execution proceedings – All questions relating to right, title or interest and relevant shall have to be determined by the Court dealing with the application. [2022 PLRonline 1429504, 2022 SCeJ 1418]

2022 PLRonline 1429504, 2022 SCeJ 1418 SUPREME COURT OF INDIA M.R. Shah J. B.V. Nagarathna J. Bangalore Development Authority v. ...

CPC O. 21 R. 102 clarifies that Rule 98 and Rule 100 do not apply in cases where resistance or obstruction in the execution of a decree is offered by a transferee pendente-lite. [2022 SCeJ 1409, 2022 PLRonline 1410504]

2022 SCeJ 1409, 2022 PLRonline 1410504 SUPREME COURT OF INDIA Indira Banerjee J. J.K. Maheshwari J. SRIRAM HOUSING FINANCE AND ...

SMT. S VANITHA V. THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, 2020 SCeJ 2140, (2021-1)201 PLR 117 (SC)

2020 SCeJ 2140, (2021-1)201 PLR 117 (SC) SUPREME COURT OF INDIA Before : Justice Dr. Dhananjaya Y. Chandrachud, Justice Indu ...

Execution – Mere pendency of an appeal does not mean that decree passed by trial Court is not to be executed. [2023 PLRonline 485657]

LogIn to read (2023-1)209 PLR 774; 2023 PLRonline 485657 Chanderwati v. Rajinder Kumar Arjun Singh, (2023-1)209 PLR 774; 2023 PLRonline ...

CPC O. 39 R. 1, 2, CPC O. 43 R. 1 – All observations made by any Court while deciding any interlocutory application are all tentative – While deciding the main suit, Courts are not expected to get influenced by any observations that were made in the interlocutory applications.[2023 PLRonline 0006 (Andh.)]

Vepuri Mallikarjuna Rao v. Gaddapati Sitaramanjaneyulu, 2023 PLRonline 0006 Andhra Pradesh High Court - Amaravati Vepuri Mallikarjuna Rao v. Gaddapati ...

Custody of child – Disputed questions of fact as to who was in a better position to take care of the minor child, the parties were free to approach the Civil Court for the redressal of their grievances [PLRonline 403505]

Mother claimed custody of a child from the father – Held that the custody of the father could not be ...

IBC S. 14, NIA S. 141 – Moratorium – Proceedings against Directors/persons in management or control of the corporate debtor

Indian Succession Act S. 63(c) – Wills, co-ownership of land, and the ability to seek possession or partition of agricultural land. [2020 PLRonline 5205]

Sucha Ram (since deceased) through Lrs v. Lachhman Dass, 2020 PLRonline 5205 The testimony of attesting witnesses is silent with ...

Jamia Masjid v. K V Rudrappa (Since Dead) By Lrs.

2021 PLRonline 9095 (SC), (2021)11 SCR 672 SUPREME COURT OF INDIA Dr. Dhananjaya Y Chandrachud J ; Vikram Nath J ...

Suit for injunction simpliciter – Respondent is in possession – Proper remedy for appellant was to file suit for possession with injunction – Suit simpliciter for injunction, is not maintainable – Specific Relief Act S. 41 , Evidence Act S. 58. [2009 PLRonline 0015 (Del.)]

LogIn required to read Judgment 2009 PLRonline 0015 (Del.) DELHI HIGH COURT V.B.Gupta J. Davender Lal Mehta v. Sh. Dharmender ...

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Tag: Injunction

Transfer of Property Act S.106 – Rent Act – Filing of an eviction suit under general law serves as a notice to quit to the tenant without the requirement of a separate notice under Section 106. 2007 PLRonline 0105 (SC)

Civil Procedure Code, 1908 (V of 1908) Order 39 Rule 1 and 2 – Property – Dispute with regard to identity of the property – Status quo – It would be appropriate for the parties to maintain status quo with regard to their possession. [PLRonline 417502]

CPC O. 7 R. 11 – Power is limited to rejection of the plaint as a whole or not at all – It is impermissible to reject the plaint only against one of the defendants – Sarfaesi. [PLRonline #348208]

Will – Proof – Photocopy – That being so, the question of comparison of signatures on the said photocopy of the Will with that of the register of the Deed Writer would not arise. [PLRonline 479650]

Hindu Law – Family Settlement – Limitation – No period of limitation is prescribed for filing a suit for possession on the basis of inheritance. [ID 471672]

CPC O. 21 R. 97, 99 and 101 – Impleadment in execution proceedings – All questions relating to right, title or interest and relevant shall have to be determined by the Court dealing with the application. [2022 PLRonline 1429504, 2022 SCeJ 1418]

CPC O. 21 R. 102 clarifies that Rule 98 and Rule 100 do not apply in cases where resistance or obstruction in the execution of a decree is offered by a transferee pendente-lite. [2022 SCeJ 1409, 2022 PLRonline 1410504]

SMT. S VANITHA V. THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, 2020 SCeJ 2140, (2021-1)201 PLR 117 (SC)

Execution – Mere pendency of an appeal does not mean that decree passed by trial Court is not to be executed. [2023 PLRonline 485657]

Custody of child – Disputed questions of fact as to who was in a better position to take care of the minor child, the parties were free to approach the Civil Court for the redressal of their grievances [PLRonline 403505]

Indian Succession Act S. 63(c) – Wills, co-ownership of land, and the ability to seek possession or partition of agricultural land. [2020 PLRonline 5205]

Jamia Masjid v. K V Rudrappa (Since Dead) By Lrs.

Suit for injunction simpliciter – Respondent is in possession – Proper remedy for appellant was to file suit for possession with injunction – Suit simpliciter for injunction, is not maintainable – Specific Relief Act S. 41 , Evidence Act S. 58. [2009 PLRonline 0015 (Del.)]

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