Showing : 91-100 of 110 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 1995
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary mandatory injunction - Can be granted if (1) The plaintiff has a strong case for trial of a higher standard than a prima facie case, normally required for a prohibitory injunction (2) It is necessary to prevent irreparable or serious injury which normally cannot be compensated in terms..........
RAJASTHAN HIGH COURT
Year of decision: 1995
Details
Civil Procedure Code, 1908, Section 115, Order 39, Rule 1, 2-- Case not covered U.O.39.Rr.1, 2 - Trial Court can grant injunction in exercise of inherent powers...........
ANDHRA PRADESH HIGH COURT
Year of decision: 1994
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Prin-ciples governing - Three principles viz (1) Prima facie case (2) Balance of con-venience (3) Irreparably injury - All the three conditions to be established - Prima facie case does not mean to examine the merits of the case closely - Plaintiff need not to establish..........
ALLAHABAD HIGH COURT
Year of decision: 1994
Details
Civil Procedure Code, 1908, Order 39, Rule 2-A-- The thrust of Rule 2-A is not of implementation of the order but of punishment of violation of order of injunction or of undertaking given to the Court...........
ALLAHABAD HIGH COURT
Year of decision: 1994
Details
Civil Procedure Code, 1908, Order 39, Rule 2-A-- Disobedience of injunction - Court does not become functus officio on decision of the case and the application under Order 39 Rule 2-A cannot be dismissed solely on that ground...........
RAJASTHAN HIGH COURT
Year of decision: 1994
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Eviction petition - Compromise - Eviction decree passed - Tenant taking some persons as partners - Partnership firm claiming itself to be tenant - Held, there is no privity of contract between the firm and the landlord - Application U.O.39 Rr.1, 2 seeking stay of execution of eviction decree..........
BOMBAY HIGH COURT
Year of decision: 1993
Details
Civil Procedure Code, 1908, Section 104, Order 39, Rule 2-A-- Order of detention In civil prison passed under order 39 Rule 2-A for flouting order of Injunction - Order is appealable under S.104(h) of the Code...........
ALLAHABAD HIGH COURT
Year of decision: 1992
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Trespasser - Two types (1) One whose origin is legal but with efflux of stipulated period becomes trespasser (2) Second the origin of which is not legal and is known as criminal trespass-Law does not protect the possession of a trespasser of the second category...........
KERALA HIGH COURT
Year of decision: 1992
Details
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2-- Interim injunction - Enforcement - Police aid - Only a final order passed under O.39.Rr.1, 2 can be enforced with assistance of police and not interim exparte order...........
SUPREME COURT OF INDIA
Year of decision: 1991
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Nature and facts to be taken into consideration (1) There is a serious disputed question to be tried and on the facts before the court there is probability of being entitled to the relief claimed (2) The Court interference is necessary to protect the party from the species..........

Showing : 91-100 of 110 Results