AI Overview...
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Injunctions in Share Disputes - Multiple cases involve Balwant Singh seeking or opposing injunctions related to property shares. In several instances, courts have considered whether the plaintiff has a valid share or possession in the property before granting temporary or permanent injunctions. For example, in ANGREJ KAUR vs BALWANT SINGH AND ORS - Punjab and Haryana, the court noted that Balwant Singh had already sold his share, leading to the dismissal of the injunction application. Similarly, in Ajay Kumar VS Ishwar Dutt, S/o. Late Sh. Bhimi Ram - Himachal Pradesh and Ajay Kumar VS Ishwar Dutt S/o Late Sh. Bhimi Ram - Himachal Pradesh, courts examined whether the land was joint or coparcenary, affecting the entitlement to injunctions.
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Share and Ownership Claims - Many cases involve claims of joint ownership or coparcenary rights. Courts have held that when parties have equal shares or are co-owners, injunctions are granted or denied based on possession and legal rights. For instance, in Darshan Kaur VS Dilawar Singh - Punjab and Haryana and Darshan Kaur VS Dilawar Singh - Punjab and Haryana, the courts recognized that the land was ancestral coparcenary property with equal shares, influencing the decision on injunctions.
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Legal Principles Applied - The courts have applied principles from the Hindu Law of coparcenary, the Civil Procedure Code (Order 39 Rules 1 and 2), and the Specific Relief Act (Section 38) to determine the validity of injunctions. The existence of a prima facie case, possession, and the nature of ownership (joint or exclusive) are critical factors.
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Specific Cases of Balwant Singh - In some cases, Balwant Singh's attempts to secure or oppose injunctions were dismissed due to prior sale of shares, lack of possession, or joint ownership status. For example, in ANGREJ KAUR vs BALWANT SINGH AND ORS - Punjab and Haryana, the court observed that Singh had sold his share, negating the need for an injunction.
Analysis and Conclusion - The overarching trend indicates that courts scrutinize the nature of ownership, possession, and prior transactions before granting injunctions in share disputes. When parties are co-owners or coparceners, injunctions are granted or refused based on their respective rights and possession status. Balwant Singh's cases show that sale of shares and joint ownership significantly influence injunction outcomes. The legal framework, including Hindu law principles and procedural rules, guides these decisions.
References: - ANGREJ KAUR vs BALWANT SINGH AND ORS - Punjab and Haryana - Ajay Kumar VS Ishwar Dutt, S/o. Late Sh. Bhimi Ram - Himachal Pradesh - Ajay Kumar VS Ishwar Dutt S/o Late Sh. Bhimi Ram - Himachal Pradesh - Major Singh VS Angrez Kaur - Crimes - Annubai Ganapati Nalugade VS Dnyanu Tuka Nalugade (deceased by LRs. ) - Bombay - Darshan Kaur VS Dilawar Singh - Punjab and Haryana - Darshan Kaur VS Dilawar Singh - Punjab and Haryana - BALWANT SINGH vs UMED SINGH AND ANOTHER - Punjab and Haryana - Nirmal Kanta @ Nirmal VS Kishan Rai Kaura - Punjab and Haryana - Balwant Singh VS Ankit - Punjab and Haryana
Search Results for "Balwant Injunction against Co Th Share"
• India - High Court of Punjab and Haryana
Nagar, whereby the application moved by Balwant Singh-respondent No.1/plaintiff under Order 39 Rules 1 and 2 CPC for temporary injunction for any ad interim injunction there being no prima facie case in his favour Plaintiff-Balwant Singh had already sold the share to Surinder Pal Singh- in suit for declaration and permanent injunction has been allowed. ... for declaration and for partition and for permanent injunction regarding the two p style="position:absolute;white....
2021 0 Supreme(HP) 904 • India - Himachal Pradesh
JYOTSNA REWAL DUA
Constitution of India, 1950 - Article 227 - Specific Relief Act - Section 38 – Civil Suit - Permanent prohibitory and perpetual injunction ... - Plaintiff filed a civil suit under Section 38 of Specific Relief Act for permanent prohibitory and perpetual injunction to restrain ... - Alongwith civil suit, an application under Order 39 Rule 1 and 2 read with Section 151 CPC for grant of temporary injunction was ... Balwant Singh Thakur, learned counsel for the plaintiff (respondent herein) argued that the suit land is joint....
2021 0 Supreme(HP) 247 • India - Himachal Pradesh
JYOTSNA REWAL DUA
Constitution of India, 1950 - Article 227 - Specific Relief Act - Section 38 – Civil Suit - Permanent prohibitory and perpetual injunction ... - Plaintiff filed a civil suit under Section 38 of Specific Relief Act for permanent prohibitory and perpetual injunction to restrain ... - Alongwith civil suit, an application under Order 39 Rule 1 and 2 read with Section 151 CPC for grant of temporary injunction was ... Balwant Singh Thakur, learned counsel for the plaintiff (respondent herein) argued that the suit land is joint....
• India - Crimes
A.S.NEHRA
Divisional Magistrate sought to be quashed on the ground that petitioner had already filed a civil suit and had obtained ad-interim injunction ... Amrik Singh had parted title of the land but still he sold the aforesaid land to Balwant Singh and Angrez Kauron 22-11-1989. ... Therefore, the petitioners filed a suit on 16-1-1990 challenging the sale and for a permanent injunction restraining respondent Nos. 1 and 2 from interfering in their possession. The Subordinate Judge granted and interim injunction on 18-4-1990 to th....
1987 0 Supreme(Bom) 237 • India - Bombay
SHARAD MANOHAR
entitled to the injunction. ... The plaintiff, who was in possession of impartible inam lands by virtue of the rule of primogeniture, filed a suit for perpetual injunction ... Therefore, all the parties, including the plaintiff and the defendants, had a share in the suit lands, and the plaintiff was not ... He therefore held that all the parties i.e. plaintiff and the relevant defendants were having share in the suit lands and that, hence, the plaintiff was not entitled to the injunction. The suit was t....
2019 0 Supreme(P&H) 28 • India - Punjab and Haryana
SUDIP AHLUWALIA
Fact of the Case: The case involved a property dispute where the plaintiff sought a declaration of ownership and an injunction ... In the said Suit, Plaintiff/Respondent No.1 had sought a Declaration to the effect that he along with Respondent/Defendants Joginder Singh & Balwant Singh was the exclusive owner in equal share in possession of 781/1025 Share Measuring 39 Kanals 1 Marla of the suit land situated in village Katana, Tehsil ... Trial Court held that the land in question was actually Ancestral Hindu Coparcenary ....
2019 0 Supreme(P&H) 1369 • India - Punjab and Haryana
SUDIP AHLUWALIA
Case: The case involved a dispute over ancestral property, where the plaintiff sought a declaration of ownership and an injunction ... In the said Suit, Plaintiff/Respondent No.1 had sought a Declaration to the effect that he along with Respondent/Defendants Joginder Singh & Balwant Singh was the exclusive owner in equal share in possession of 781/1025 Share Measuring 39 Kanals 1 Marla of the suit land situated in village Katana, Tehsil ... Trial Court held that the land in question was actually Ancestral Hindu Coparcen....
• India - High Court of Punjab and Haryana
Balwant Singh', which is illegal. ... Singh filed a suit against Umed Singh and Wazir Singh defendants-respondents for declaration and injunction on the grounds which the suit filed by the plaintiff-appellant for declaration and injunction ... Balwant Singh' and mutation No.1251 sanctioned on Date of Decision: June 29, 2015 Balwant
2016 0 Supreme(P&H) 2766 • India - Punjab and Haryana
AMIT RAWAL
Balwant Rai Kaur and Late Smt. ... Balwant Rai Kaur and Late Smt. ... Balwant Rai Kaur and Late Smt. ... Balwant Rai Kaura, i.e. the suit property is the Joint Hindu Family/Coparcenaries property and the plaintiff as well as the other defendants are having equal share in the present property by birth, being coparcener/the member of joint Hindu Family” and the said Balwant Rai Kaur was not having any exclusive ... the plaint with further declaration to the effect that the subsequent mut....
2023 0 Supreme(P&H) 2791 • India - Punjab and Haryana
ARUN MONGA
, 13) ... ... Facts of the case: ... The petitioners filed a suit for separate possession of a joint land share ... Even otherwise as per law of equity when the plaintiffs themselves have already constructed there house since long on the part of this property then they cannot seek injunction against the other co-share who are also legally raising construction over there exclusively owned and possessed portion of the ... Now to come up on 17.04.2023 for consideration on the injunction application."5. ... No.305//26 (1....
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