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1 - 10 of 12 (0.24 seconds)The Code of Civil Procedure, 1908
Section 6 in The Specific Relief Act, 1963 [Entire Act]
Baban Narayan Landge vs Mahadu Bhikaji Tonchar And Ors. on 30 September, 1988
In Baban Narayan
Landge (supra) the Bombay High Court observed as
under:-
Dorab Cawasji Warden vs Coomi Sorab Warden & Ors on 13 February, 1990
21. Similarly in Dorab Cawasji Warden (supra)
after referring to various judgments the Court laid
down the principle in para 14 and 15 thereof in the
following terms:-
Baluev Raj vs Tub Delhi Development Authority And ... on 22 May, 1970
20. There is no dispute about the general
proposition of law namely, such a mandatory injunction
at interlocutory stage should not normally be granted
which has the effect of granting the final relief.
That is what is the law laid down in catena of cases
including the judgment relied upon by the defendants
and referred to above. However, it is not an absolute
principle of law. There is no such mandate by any law
that in all circumstances such a relief at an
interlocutory stage had to be refused. Of course,
normally such a relief is not to be granted. However
in exceptional circumstances mandatory injunction at
interlocutory stage, particularly to restore the status
quo ante, can be granted by the Courts. This is what
is propounded by the judgments referred to by the
learned counsel for the plaintiff.
Section 17 in The Registration Act, 1908 [Entire Act]
Section 8 in The Indian Evidence Act, 1872 [Entire Act]
M/S. Taraknath & Anr vs Sushil Chandra Dey By Lrs.& Ors on 8 April, 1996
12. Even if it may be treated that there was some
family arrangement, the family arrangement was to the
effect that the plaintiff would be owner of the
property and would receive the rent thereof as is clear
from the long course of dealing. Therefore, the manner
in which the parties acted over a period of time is the
reflection of the arrangement of a family settlement
which the parties had arrived at. One may lawfully
refer to the case of Taraknath and another versus
Sushil Chandra Dey by lrs. and others and the following observation made by the
Apex Court in this regard:-