Can a person in unlawful possession claim injunction?

In Mahadeo Savlaram Shelke v. The Pune Municipal Corporation, 1995 (2) Civil Court Cases 258 : 1995 (2) RRR 66 (SC), the Apex Court has clearly given a mandate that a person in unlawful possession has no legal right to claim injunction against the true owner. This position has been re-affirmed in Premji Ratansey Shah v.

Can a tenant file for a permanent injunction?

Permanent injunction is not available for tenant rather such person can file suit for mandatory injunction if the circumstances warrant such situation. 24 October 2010 Mr.Krishna is right.

When is a suit for a mere injunction not maintainable?

The Supreme Court has reiterated that a suit for bare injunction would not be maintainable when a defendant could successfully raise cloud over the title of the plaintiff.

Can a court order an injunction against a person?

They stated that since they are the rightful owners of the land, therefore, no injunction can be issued against them. The defendants also opposed the application under Order 39 Rules 1 and 2, CPC, on these very grounds.

Can a victim of domestic abuse get an injunction?

You can apply for an ‘injunction’ if you’ve been the victim of domestic abuse. An injunction is a court order that either: protects you or your child from being harmed or threatened by the person who’s abused you – this is called a ‘non-molestation order’

What do you need to know about an injunction?

An injunction is a court order that either: protects you or your child from being harmed or threatened by the person who’s abused you – this is called a ‘non-molestation order’ decides who can live in the family home or enter the surrounding area – this is called an ‘occupation order’

Where can a writ of injunction be heard?

(a) Except as provided by Subsection (b), a writ of injunction against a party who is a resident of this state shall be tried in a district or county court in the county in which the party is domiciled. If the writ is granted against more than one party, it may be tried in the proper court of the county in which either party is domiciled.

What does Chapter 65.injunction-Texas mean?

Sec. 65.016. VIOLATION OF REVENUE LAW. At the instance of the county or district attorney or the attorney general, a court by injunction may prevent, prohibit, or restrain the violation of any revenue law of this state. Added by Acts 1989, 71st Leg., ch. 2, Sec. 4.03(a), eff. Aug. 28, 1989.