Is Removal of Road Obstructions Barred Under Section 41(h) of the Specific Relief Act?

The dominant tenement need to be described and identified correctly Servient tenement over which the road runs have not been described in the Plaint. Requirement of Section 41 has not been fulfilled. ... I observe on perusing the point where a gate is placed, it is difficult to conclude whether in fact it is on obstruction to the road, but certainly the gate as depicted in P4 is ....

2024 0 Supreme(P&H) 578

(A) Specific Relief Act, 1963 – Section 41(h) – Suit for mandatory injunction – Plaintiff sought mandatory ... 41(h) of the Specific Relief Act. ... 41(h) as an equally efficacious remedy was available – Plaintiff failed to file suit for specific performance – Concurrent findings ... The Trial Court held that the suit for mandatory injunction was not maintainable and was barred under Section#HL_....

2025 0 Supreme(Ker) 2024

This Court found that the jurisdiction of the civil court is barred under Section 145 of the ELECTRICITY ACT and Section 41(h) of the SPECIFIC RELIEF ACT . ... “29.It is in this context, the mandate of S.41(h) of the SPECIFIC RELIEF ACT , 1963 assumes significance. ... The Learne....

2025 Supreme(Online)(Kar) 20524

barred under Section 41(h) of the Specific Relief Act. ... 41(h) of the Specific Relief Act. ... The learned Judge has rejected the plaint on the ground that the suit is barred under Section 10 of the Transfer of Property Act, 1882 read with Section#HL_E....

2025 Supreme(Online)(Ker) 25353

(A) Specific Relief Act, 1963 - Section 41(h) - The plaintiff filed suit for permanent injunction regarding encroachment....The trial ... It is further contended that since the plaintiff had an alternate remedy to move before the statutory authorities, the suit for injunction is not maintainable in terms of the provisions contained under Section 41 (h) of the Specific Relief Ac....

2024 0 Supreme(P&H) 856

(A) Specific Relief Act, 1963 - Section 41(h) - Civil Procedure Code, 1908 - Section 9 - Suit for permanent injunction - Plaintiff ... So, suit is barred by the provisions of section 41(h) of Specific Relief Act, 1963 and section 9 of CPC. ... It was held that the suit of injunction without seeking the relief of inju....

2023 Supreme(Online)(KER) 12229

When the court is the appellate court, the said power to mould relief can be exercised along with the power under Section 41 Rule 33. ... On perusal of the appellate judgment, the Additional District Judge granted the relief of mandatory injunction invoking the power of the appellate court as provided under Order 41 Rule 33 of C.P.C on the finding that the obstruction was made in C sched....

2023 0 Supreme(Ker) 851

When the court is the appellate court, the said power to mould relief can be exercised along with the power under Section 41 Rule 33. ... On perusal of the appellate judgment, the Additional District Judge granted the relief of mandatory injunction invoking the power of the appellate court as provided under Order 41 Rule 33 of C.P.C on the finding that the obstruction was made in C sched....

Current Civil Cases

(b) Whether the decree for specific performance could have been passed without considering the provisions of Section 20 of Specific Relief Act, 1963. ... He submitted that combined reading of Section 52 of the TP Act r/w Section 19(b) of the Specific Relief Act, 1963 (“#HL_START....

2023 Supreme(Online)(Ker) 62513

When the court is the appellate court, the said power to mould relief can be exercised along with the power under Section 41 Rule 33. ... On perusal of the appellate judgment, the Additional District Judge granted the relief of mandatory injunction invoking the power of the appellate court as provided under Order 41 Rule 33 of C.P.C on the finding that the obstruction was made in C sched....

2022 0 Supreme(Guj) 1488

Whether the suit is hit by Section 11 of the Bombay Revenue Jurisdiction Act, 1876 ? (i) Whether the suit is barred by law of limitation? (ii) Whether the suit is barred by Section 41 (h) of the Specific Relief Act ?

2019 0 Supreme(P&H) 84

6. Whether the suit is barred under Order II Rule 2 CPC under Section 41 (h) of the Specific Relief Act? OPD. 7. Whether the suit is barred by the law of limitation?

2019 0 Supreme(Bom) 410

Accordingly, the present suit which seeks just such an injunction is also barred by law under Order VII, Rule 11 (d) of Code of Civil Procedure, 1908. It is always open to a party to raise such an objection and for the Court to dismiss a suit or reject a plaint under Order VII, Rule 11 without a formal application being filed as it is a duty cast upon the Court to do so, and this could be done at any stage. 2, which relief is barred under Section 41(b) of the Specific Relief Act, 196....

2017 0 Supreme(Del) 4809

2.Whether the suit is barred by Section 41(h) (I) & (j) of Specific Relief Act? 3.Whether the suit is bad for mis joinder and non joinder of necessary parties? Whether the suit in its present form is maintainable? OPD1 4.Whether terrestrial TV rights of the Film “Company” vests with the plaintiff when same was telecast on doordarshan channel DD-1 on 15.07.07?

2017 0 Supreme(Del) 4808

OPD1 4. Whether terrestrial TV rights of Hindi Feature Film-”Nehle Pe Dehla” vests with the plaintiff when same was telecast on doordarshan on 05.10.07? Whether the suit in its present form is maintainable? 2. Whether the suit is barred by Section 41(h) (I) & (j) of Specific Relief Act? 3. Whether the suit is bad for mis joinder and non joinder of necessary parties?