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Results of temporary injunction appeal

Showing : 11-20 of 59 Results

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Court to examine prima facie case at interlocutory stage - Prima facie, property involved in documents and plaint scheduled cannot be correlated - Court below rightly held that this ambiguity can be decided only after full fledged trial and not at interlocutory stage - No illegality and perversity in..........

BOMBAY HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Nuisance - Feeding of birds, by neighbourer, by placing a tray below balcony window - On account of said feeding from metal tray, a large number of birds frequent said tray causing nuisance to plaintiff on account of bird droppings as well as filth created by birds - A person cannot use his premises..........

KERALA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 39, Rule 1, Family Courts Act, 1984, Section 19(1) -- Temporary injunction - Appeal - Order passed U.O.39.R.1 CPC, by Family Court, comes under the term `interlocutory order', as it does not finally decide the rights and obligations of parties - Merely because it restrains one of the parties from dealing with the subject matter of cause..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2, Trade Marks Act, 1999, Section 134, 135, Copyright Act, 1957, Section 55, 62 -- Temporary injunction - Restraining defendants from infringing/imitating the plaintiff's Trade Mark which is deceptively similar - Undertaking by defendant that he will change the colour and to use the trade mark which is not deceptively similar..........

ALLAHABAD HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Order finally deciding temporary injunction application - Such order is not an interlocutory order - Against such order appeal/revision is maintainable...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Injunction suit in appeal filed against rejection of plaint - Application not filed during pendency of suit - Contention that it is only in recent past that defendants are taking steps to alienate suit property - Held, though injunction as prayed for cannot be granted..........

KERALA HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 4, Civil Procedure Code, 1908, Order 43, Rule 1(r), Constitution of India, 1950, Article 226 -- Temporary injunction - Alternative remedy of appeal - Availability - Held, an order of injunction, whether interim or final, is an order falling within R.1 or 2 of O.39 CPC and is appealable U.O.43.R.1(r) CPC - Mere quoting wrong..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2, Protection of Women From Domestic Violence Act, 2005, Section 12, 19 -- Temporary injunction - Shared house-hold - Daughter-i, law of petitioner had already obtained residence order to live in shared house-hold invoking provision u/s.19 of the Act of 2005 - In appeal, impugned residential order has been stayed by appellate..........

ALLAHABAD HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 39 -- Temporary injunction - Suit for declaration and interim injunction - Defendants No.1 and 2 executed sale deed in favour of defendant No.3 - Defendant Nos.1 and 2 executed registered general power of attorney on the same day in favour of one `M' - `M' executed registered sale deed in favour of plaintiff - Plaintiff and `M' had notice..........

GUJARAT HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Grant of - Defendant No.4 purchased the property and he started activities of development and construction - Plaintiff failed to establish his prima facie case - Held, if temporary injunction is granted, comparatively defendant No.4 would suffer more - Balance of convenience and irreparable loss were..........

Showing : 11-20 of 59 Results