Showing : 61-70 of 410 Results

BOMBAY HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 39, Rule 1-- Ad-interim injunction - Plaintiff expanded unauthorized construction on the suit property in violation of status quo order - Photographs produced by Municipal Corporation regarding unauthorized construction proved on record - Plaintiff is not entitled to equitable relief, as such relief can only..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad-interim injunction - Restraining defendant to lay water pipes through the suit land along with pucca path - Pucca path passes through suit land and being used by defendant and villagers, which is constructed by Panchayat - It also leads to the house of defendant - Plaintiff failed to produce..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Restraining defendant from stopping plaintiff from making his construction thereby changing the nature of suit property from open land to a constructed house - Object of interim injunction is always to preserve the suit property in its present form - Court would not become..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Restraining defendants from interfering in any manner over suit property - Both the parties claiming ownership rights in suit property while plaintiff claims on the basis of registered sale deed - Whereas defendants claim ownership and possession on the basis of Will -..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Co-sharers - Alienation - Both the plaintiffs, one of advanced age and the other due to his infancy require protection of their interest - More so, being co-sharers, in case of alienation, their interest would be adversely affected - Balance of convenience lies in favour of..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 39, Rule 3A-- Ex parte ad interim injunction - Restraining interfering with lawful construction - Not such a exigency that ex parte injunction without issuing notice to the opposite party can be granted - Plaintiff will not suffer irreparable loss because of alleged stoppage of construction for one or two days,..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 39, Rule 3A-- Ex parte ad interim injunction - Restraining interfering with lawful construction - Provision of O.18.R.3 CPC is mandatory - Ex parte ad interim injunction can only be granted when Court forms an opinion with reasons that object of granting injunction would be defeated by delay - Ex parte ad..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Implementation - Police aid - Police officers are duty bound to enforce the order of interim injunction of Court and give protection and assistance to petitioner who obtained such order in his favour and sought such protection by making a complaint...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Both parties claiming possession - Both parties filed suits and obtained injunction - Primary duty of Court is to protect subject matter of lis with existing status quo as on date of suit - Court can impose terms - Court taking over possession as a custodia legis, entrusted..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Suit for specific performance - Material terms and conditions of contract not concluded and recorded between parties - No prima facie case in favour of plaintiff - Moreover, in this case Court may not be able to grant any prayer for specific performance as such no interim..........

Showing : 61-70 of 410 Results