Showing : 1-10 of 127 Results

RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Plaintiffs claiming to be in possession of property for the last 20 years - No document is on record as to ownership and title of plaintiff - Only one document i.e notice of encroachment was produced by plaintiff that too for the first time before High Court - Ration card..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 2A-- Interim injunction order - Disobedience - Defendant restrained from raising construction - Respondent No.2 raising construction on behalf of defendant - Respondent No.2 not a party in the suit - Not established on record that he was working on behalf of defendant - Injunction order was not passed..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 7-- Preservation of suit property till disposal of suit - Direction to defendant no.2 - Partition suit - Defendant no.2 had expired - However, no steps taken by plaintiff to bring on record LRs of deceased defendant - Trial Court decided the application U.O.39.R.7 CPC without considering the fact that..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Constitution of India, 1950, Article 227-- Writ petition - Maintainability - Writ Petition u/art 227 of Constitution challenging orders passed by Civil Courts refusing to grant interim injunction U.O.39.Rr.1, 2 CPC, is maintainable...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 6, Rule 1-- Temporary injunction - Non-pleading of pre-requisites - No pleading in counter affidavit about prima facie case, balance of convenience and irreparable injury which are essential ingredients U.O.39.Rr.1, 2 CPC - Burden is on deponent of affidavit to state on oath that these three fundamental..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Grant of police aid - Implementation of ad-interim injunction order - Defendants already filed their written statement as well as counter in application U.O.39.Rr.1, 2 CPC and they are always ready for enquiry - Besides in the written statement a copy of which is filed along with material papers,..........
JHARKHAND HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary Injunction - Possession of suit land is main consideration while considering petition U.O.39.Rr.1, 2 CPC...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Transfer of Property Act, 1882, Section 58-- Mortgage - Injunction - Modification of order - In the instant case, mortgage was created by defendant/petitioner without delivery of possession of land in favour of plaintiff/respondent - Plaintiff filed application U.O.39.R.1 CPC for restraining defendant from parting with possession of land in..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Easementary right of passage - Two passages out of which one is of width of 2 yards located at a height of 2 fee without any vehicles capable of being going through the same - Plaintiff has to be taken to have established prima facie case - Balance of convenience is also in..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary mandatory injunction - Guidelines as pointed out by Supreme Court are : (1) the existence of a strong case for trial, the standard of which shall be higher than that of a mere prima facie case required for a prohibitory injunction; (2) the necessity to prevent irreparable or serious..........

Showing : 1-10 of 127 Results