Apex Law Journal
Apex Law Journal
An online law journal reporting latest and important judgments of Hon'ble Supreme Court of India.                                                                                                                         Click here to get free legal updates via email                                                                                                                          Click here to download forms (Address Form, List Of Documents and Memorandum Of Appearance)
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Permanent Injunction

Friday, October 28, 2011
Permanent Injunction

Permanent Injunction — The violation of permanent injunction can be set right in executing the proceedings and not the contempt proceedings — There is a complete fallacy in the argument that the provisions of Order XXXIX Rule 2A CPC would also include the case of violation or breach of permanent injunction granted at the time of passing of the decree — Civil Procedure Code, 1908, Order 21, Rule 32, Order 39, Rule 2A.

 
Monday, April 14, 2008
Permanent Injunction

Permanent Injunction — In a suit for permanent injunction, plaintiff, held, has to establish that he is in possession in order to be entitled to a decree for permanent injunction.

 
Permanent Injunction

Permanent Injunction — In the instant case, the trial Court while answering Issue Nos.1 and 3 i.e.

(i) Whether the plaintiff is in lawful possession of the plaint schedule property on the date of filing the suit?

(iii) Whether the plaintiff is entitled to permanent injunction as prayed?

held that the plaintiffs had failed to prove their possession — Appeal against — No finding recorded by the High Court regarding possession and even while formulating the point for determination the question of possession was not considered — Whether the High Court was right in allowing the appeal? — Held, no — High Court could not have allowed the appeal — Impugned judgment of the High Court set aside and remit the matter to the High Court to formulate a definite point relating to possession and then analyse the evidence on record with reference to that question and decide the appeal — Appeal allowed.  

 
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