Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1 -- Temporary injunction - Scope of appeal U.O.43.R.1 CPC - Order granting or refusing injunction is within sole discretion of Court of first instance and appellate Court should not interfere in discretion exercised by Court of first instance unless it is shown that discretion..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1 -- Temporary injunction - Court below exercised the discretion by restraining defendant from interfering in peaceful possession of property as well as restraining them from alienating property in any manner - Such exercise of discretion does not seem to be arbitrary, patently..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Temporary injunction - Writ petition filed to seek police protection - Cannot be granted without approaching civil court granting the injunction order...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Temporary injunction - Police protection - Police protection or police aid to enforce an order of injunction is not contemplated under the law...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Temporary injunction - Disobedience - In case of disobedience of any injunction granted under Rr.1 and 2 or breach of any of the terms of injunction, the Court granting injunction may order the property of the person guilty of such disobedience or breach to be attached and may also order such person to be detained in the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Inter State water river dispute - Suit was pending between two States for the last 19 years - During last 19 years, various developments have taken place and it will be extremely difficult to consider the matter purely from prospective of grant or non-grant of interim relief - Proper course would be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 19, Rule 2 -- Temporary injunction - Cross examination of deponent at the stage of consideration of application for temporary injunction - These are not evidence affidavits - CPC vests discretion in the trial Court to cross examine deponent who has filed evidence affidavit - Such discretion..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Question of maintainability of suit cannot be effectively decided while deciding an application U.O.39.Rr.1, 2 CPC, as at this stage prima facie assessment has to be made qua material on record...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Defendant claiming ownership on the basis of sale deed - Earlier sale deed was declared null and void - Once basic foundation of title had been declared null and void, then subsequent owners would also prima facie have no rightful title - Merely because defendant has raised construction, it cannot be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 26, Rule 9 -- Temporary injunction - Appointment of Local Commissioner - Court cannot appoint Commissioner, as collection of evidence cannot be permitted while deciding application U.O.39.Rr.1, 2 CPC...........
