Showing : 1-10 of 2064 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3A-- Temporary injunction - Disposal of injunction application within 30 days - Trial Court without granting an ex parte order of injunction, choose to allow opposite parties to file counter affidavits along with documents and then heard opposite parties before allowing injunction application - High..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r), Civil Procedure Code, 1908, Section 104(1)(i), Constitution of India, 1950, Article 227-- Temporary injunction - Revision under Art.227 Constitution of India thereagainst - Remedy of appeal is provided U.O.43.R.1(r) and S.104(1)(i) against an order of temporary injunction - High Court not to entertain revision under Article 227 especially in a case where specific remedy of appeal is..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Interim injunction - Injunction cannot be declined on the premise that Court has no jurisdiction - Interim injunction can be granted till Court comes to conclusion that it has no jurisdiction - All such orders would come to an end with decision of Court - Order passed in an application..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 47-- Objections - Execution - Suit for permanent injunction - Question of trusteeship already decided by trial Court in its findings and said findings of trial Court affirmed by Appellate Court - No further appeal preferred by JDs against it - By allowing JDs to re-open question of trusteeship by way..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Exchange of land - Mutation on the basis thereof - Exchange of land challenged on the ground of fraud - It requires investigation and this fact can only be ascertained after evidence of parties - At this stage defendants No.1 to 3 are owner-i, possesosn of suit land and as..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Suit for declaration of title and permanent injunction on the basis of Will - Suit dismissed in default - Second suit for permanent injunction on the basis of Will - Held, second suit is barred U.O.9.R.9 CPC...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Cause of action as alleged in subsequent suit for possession and in earlier suit for permanent injunction not same - There is nothing to show that in earlier suit plaintiffs intentionally relinquished any portion of their claim for reasons that suit was only for injunction..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Three separate suits were filed by plaintiff for declaration of title and permanent injunction against defendants including State - First two suits were dismissed and plaintiffs filed appeal in both the suits - Issue of title thus, not attained finality - Findings recorded in first..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 2A-- Injunction order - Disobedience - For finding a person guilty of willful disobedience there has to be not mere `disobedience' but it should be `willful disobedience' - Allegation of willful disobedience being in the nature of criminal liability, the same has to be proved to the satisfaction of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 2A-- Interim injunction order - Willful disobedience - Use of plaintiff's trade mark despite order of interim injunction - Commissioner noted in his second visit to defendant's shop that goods were being sold without any wrapper/labels - Only hoarding on which plaintiff's trade mark was displayed in..........

Showing : 1-10 of 2064 Results