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Results of civil or 39 r 1 r

Showing : 1-10 of 1370 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Application for temporary injunction allowed - Suit for possession - Petitioner seeking exclusive possession on the basis of oral partition - There is no entry in revenue record with regard to oral partition - Moreover, land in dispute is stated to be agricultural and therefore, the petitioners cannot raise any..........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Irreparable harm - Question of irreparable harm to a party complaining of breach of contract does not arise if other remedies are available to the party complaining of the breach...........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Apart from existence of a prima facie case, balance of convenience, irreparable injury, conduct of party seeking equitable relief of injunction is also very essential to be considered...........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Plaintiff seeking temporary injunction in a suit for specific performance has to establish a strong prima facie case on basis of undisputed facts - Conduct of plaintiff is also very relevant consideration for purposes of injunction - Discretion at this stage has to be..........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Whether there existed concluded contract between parties or not, is itself a matter for trial to be decided on basis of evidence that may be led - Part of consideration amount not paid by plaintiff - Balance of convenience is in favour of defendants on account of..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 94, 151, Order 39, Rule 1, 2 -- Provisions of S.94 CPC have to be read harmoniously with provisions of O.39.Rr.1, 2 CPC...........

KERALA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Two sets of restraint orders simultaneously i.e. attachment before judgment and temporary injunction - Erroneous and irregular - Order of attachment before judgment allowed and order passed U.O.39.Rr.1,2 set aside...........

HYDERABAD HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- In applications U.O.39.Rr.1, 2 CPC, facts can be proved by affidavit...........

HYDERABAD HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Plea that averments in affidavits cannot be taken into account - Held, not tenable as CPC itself carves out an exception to the rule `affidavit is not evidence', by permitting certain facts to be proved by affidavit...........

HYDERABAD HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Co-owners - Absence of any valid explanation as to how respondents no.34 to 37 came into exclusive possession of 2 items of property - Therefore, applicants could not have forcibly dispossessed by respondents by taking the law into their hands - Injunction granted...........

Showing : 1-10 of 1370 Results