...owner or person in lawful possession. It is not mandatory that for mere asking such relief should be given. Injunction is a personal right under Section 41(j) of the Specific Relief Act, ...Appeal No. 557 of 1992 of the petitioner by the impugned judgment and decree dated 31-1-1994. The facts not in dispute are that a notification under Section 4(1) of the Land Acquisition Act, 1894, was...initially published on 4-5-1959 proposing acquisition of 48.26 acres of land in Survey No. 103-A invoking the urgency clause under Section 17. The enquiry under Section 5-A was dispensed with. A...

...1. This revision petition is misconceived. There is a specific bar under Section 41(a) of the Specific ...prevent a multiplicity of proceedings. Similarly in clause (d) of Section 41 of the aforesaid Act an injunction cannot be granted to restrain any person from instituting or...to restrain any person from prosecuting a judicial proceeding pending at the time of institution of the suit in which the injunction is sought, unless such restraint is necessary to...

...(2) of the Act or could be varied by following the procedure under Section 9-A. Section 41(e) of the Specific Relief Act says that an injunction cannot be granted to prevent the ...injunction may also be indicated. Temporary injunction can be granted under sub-section (1) of Section 37 of the Specific Relief Act, 1963 but a decree for perpetual injunction is made under sub-...those workmen who were not its members. They attacked the second agreement as having been arrived at without following the mandatory requirement of Section 9-A of “the Act”. The first relief claimed...

...decree would defeat the object of Section 9. That may be so. It may also be urged that a suit simpliciter for such a relief, namely, to restrain the respondent from executing the decree, may be barred by ...from executing his decree. It was held that such a suit is not barred by Section 56 of the Old Specific Relief Act, which is equivalent to section 41(a...Section 9 of the Specific Relief Act was decreed. The defendant to that suit instituted a regular title Suit praying for a...

...u/s. 41(a) of the Specific Relief Act. Section 41(a) of the Specific Relief ...concerned that may be barred u/o. 7 Rule 11(d) but the reliefs of declaration are not barred u/o. 7 Rule 11(d) by virtue of Section 41 (a) of Specific ...suit is decided and disposed defendant be restrained from executing the decree in the previous suit and that is allowed. Hence the relief is not covered u/s 41(a) of Specific Relief Act...

...Section 41(a) of the Specific Relief Act.8. Mr. Dilip Gupta, learned counsel for the respondent on...proceeding was not a judicial proceeding therefore, the court passed an injunction in terms of Section 41(a) of the said Act.9. Mr. M.C Tiwari, learned counsel for the appellant on the other...Section 34 of the U.P Act No. 3 of 1991 pending in the court of Tehsildar Chandausi and in mutation Case No. 291/1.1.1994 pending in the court of Naib Tehsildar, Chandausi till the disposal of the...

...interim injunction restraining the other party from proceeding in the judicial forum and the interim injunction order itself is not sustainable. Section 41(d) of the Specific Relief Act, ...Specific Relief Act for granting any injunction restraining any person from instituting or prosecuting any proceeding in a Criminal...) of the Specific Relief Act from prosecuting a judicial Proceeding or under Section 41(d...

...appellant Company had no subsisting right or status to carry on mining and in that situation the injunction sought for could not be granted. It was also contended that going by Section 14 and Section 41 of the ...Specific Relief Act from consideration. No doubt, a view that exercise of power under Section 9 of the Act is not controlled by the Specific Relief Act has been taken by...since prima facie the agreement between the parties was not a specifically enforceable one in terms of the Specific Relief Act and since the term of the agreement had expired it was not appropriate to...

...the light of Section 138 of the Act and in accordance with the provisions of the Code of Criminal Procedure. Section 41 of the ...provisions of Section 41 of the Specific Relief Act prohibits the grant of decree or injunction in cases covered thereunde...SC 1272.8. The case in hand falls squarely under Clause (b) as well as Clause (d) of section 41 of the Specific ...

...herein that the suit filed by the plaintiff as rightly observed by the trial Court is in the nature of restraining the defendants from initiating the judicial proceedings and is hit by Section 41 (a) of the .... During the course of the argument, the appellant concedes that the prayers made in the original suit is hit by Section 41 (a) of the Specific Relief Act, 1963, which...Section 41 (a) of the Specific Relief Act, 1963. There is no illegality in the order passed by the trial Court and the plaint has been rightly rejected. The appellant also does not dispute the sam...

...Section 41 of the Specific Relief Act would act as a bar. Challenging the Order of the learned Single Ju...dismissed the Applications on the ground that Section 41 of the Specific Relief Act would operate as a bar. Conse..., Section 41 of the Specific Relief Act would not operate as a bar for deciding the Applications filed by the App...

...not questions of law but has proposed a question of law regarding maintainability of the suit on the ground that Section 41(h) of the Specific Relief Act specifically ba...claiming the relief of recovering the amount by filing a suit for recovery of money. Once that is so, in view o the bar contained in Section 41(h) of the Specific Relief ...to the provisions of Section 41(h) of the Specific Relief Act. A duty is cast on plaintiff to show and satisfy the Court that the suit as brought by him is properly...

...and wherever such a remedy is available, Section 41(h) of the Specific Relief Act dis-entitles the person to seek injunction.3. The learned Additional Dist...more than 6-7 times.2. The suit for injunction was dismissed vide impugned order merely on the ground that efficacious remedy under the Specific Reliefs Act is available to the landlord...J.D Kapoor, J.:— The grievance of the appellant is that the respondent No. 2 who is his tenant in a shop which is a part of his residence is not observing the rules of Shops and...

...nullity and treating the vendee as a trespasser for recovery of possession. Section 41, Specific Relief Act was, ...so broadly stated is in consonance with authority and the language of Section 41, Specific Relief Act, it is not necessary...Section 41, Specific Relief Act, in support of his conclusion. ...

...the temporary injunction order is that the simpliciter suit for permanent injunction in a matter relating to breach of contract was not maintainable. The plaintiff was required to seek a relief of specific performa...appellate court. The provision of Section 41 read with Section 38 and amendments brought by the Specific Relief Amendment Act' 2018 by insertion of Section 20-A and ...the Specific Relief Act brought by the Amendment No. Act 18 of 2018 w.e.f. 01.10.2018. Reliance is placed upon the provision of Section 20-A of the Specific ...

...procedure contemplated has not been followed and the Court has repeatedly returned the plaint only on the ground that the suit is barred in view of Section 41 of Specific Relief Act, .... 2. Learned counsel for the petitioner would state that despite compliances made to the returns, stating that the suit is not barred by Section 41(h) of Specific Relief ...certainly be obtained by any other usual mode of proceeding, except in case of breach of trust. The Court has not even indicated the basis for putting Section 41(h) of the Act against the plaintiff...

...not maintainable in view of Section 41(h) of Specific Relief Act, as the plaintiff has equal and efficacious remedy of specific performance of contract/agreement. The lo..., plaintiff-petitioner seeks to injunct the defendant in perpetuity without filing any suit for specific performance after paying the requisite Court fee. Suit for permanent injunction in such a situation is...Present: Mr. Dhiraj Chawla, Advocate, for the petitioner. **** RAJ MOHAN SINGH, J. (ORAL) Evidently, a suit for permanent injunction was filed on the basis of agreement to sell dated...

...injunction pending the suit, but when he has not filed suit for specific performance of the contract, in view of Section 41(h) of the Specific Relief Act, the injunction...readiness and willingness is not established, then the performance could not be specifically enforced. It follows, therefore, that by reason of the principle underlying section 41(e) of the Specific ...difficult to extend the discretionary relief of permanent injunction. Clause (h) of section 41 of the Specific Relief ...

...under section 41 (a) of the specific relief act an injunction cannot be granted to restrain any person from prosecuting a judicial proceeding pending at the institution of the suit in whi...) of the specific relief act has no application is clear from decision in amir dulhin v. Administrator general of bengal, ( (1896) ilr 23 cal 351) where it was held that section 56 of the specific...injunction is sought, unless such restraining is necessary to prevent a multiplicity of proceedings, and under section 41 (b) no injunction can be granted to restrain any person from...

.../2024 at Police Station Launch District Datia for offence under Sections 420, 467, 468 of IPC. 2. After arguing for a while, when this Court referred Section 41(d) of the... Specific Relief Act, 1963 and the fact that investigation would reveal the truth, then learned counsel for the petitioner seeks withdrawal of this petition seeking liberty to pursue his...for the respondent/State. ORDERORDER 1. The present petition under Section 482 of Cr.P.C. is preferred by the petitioner seeking quashment of the FIR registered at crime No.64...