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Showing posts with label third party interest. Show all posts
Showing posts with label third party interest. Show all posts
Friday, 25 October 2019

Whether tenant can create third party interest in tenanted premises if he is permitted to sublet tenanted premises?

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 Yet another ground for eviction is construction of shops in the suit premises by the tenants and sub-letting the same in violation of term...
Thursday, 13 July 2017

Whether doctrine of laches is applicable in case of continuing wrong?

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 As regards the issue of delay in matters pertaining to claims of pension, it has already been opined by this Court in  Union of India v. ...
Sunday, 11 December 2016

When court should not grant injunction restraining defendants from creating third party interest in property?

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Secondly trial Court also considered the fact that there was no cause for apprehension on the part of the appellant, that respondent No. 1...
Saturday, 12 November 2016

Whether third party interest created after passing of order remains valid?

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 On consideration of various aspects, we are satisfied that there has been a wilful and deliberate violation of this Court's order. We,...
Sunday, 6 November 2016

Whether it is necessary to maintain status quo of property during pendency of litigation?

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The learned counsel for the applicant has placed reliance on the case reported as AIR 2005 SC 104 (Maharwal Khewaji Trust v. Baldev Dass)...

When court should grant injunction restraining creation of third party interest in suit property?

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Be that as it may, Mr. Sachhar is right in contending that unless and untill a case of irreparable loss or damage is made out by a party t...

When court can grant temporary injunction restraining creation of third party interest in suit property?

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Merely because Section 52 of the Transfer of Property Act is existing and operative, it does not mean that the plaintiff is not entitled...
Sunday, 9 October 2016

When court can grant temporary injunction restraining defendant from alienating suit property during pendency of suit?

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The facts in the present case are different than the facts which appear in the case cited (supra). The interim injunction was granted by t...
Monday, 12 March 2012

When court should grant temporary injunction against transfer pendente lite?

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Prohibitory injunction against transfer pendente lite. Party seeking transfer must make out case that irreparable loss or damage will be ...
Monday, 5 March 2012

When court should not grant temporary injunction to restrain creation of third party interest in suit property?

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Temporary injunction restraining transfers  pendente lite  should not be granted in each case. However, in the face of judgments which c...