Showing : 11-20 of 2088 Results

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..........
MADRAS HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 21, Rule 32-- Execution - Decree for permanent injunction - Removal of construction raised by J.D. after passing of decree for permanent injunction - Executing Court has every right to pass appropriate orders for removal of obstructions in order to give effect to the decree passed by trial Court...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2-- Ad interim injunction - Implementation - Police assistance can be provided even when ad interim injunction order is not made absolute - An ad interim order has the same force as any final order and a party cannot refuse to abide an ad interim order on the ground that the same is only an ad interim..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2-- Ad interim injunction - Implementation - Police assistance - Providing police assistance as Court prima facie coming to conclusion that ad interim injunction order is violated - If defendant is not violating ad interim injunction order then providing police assistance is nothing but an innocuous..........
TELANGANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Title to property can only be incidentally gone into in a suit for injunction and a detailed examination on question of title is normally not undertaken in a suit for injunction, more particularly in an application for temporary injunction - Since both the Courts have..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Injunction suit - Amendment sought to incorporate relief of declaration regarding canal - Plaintiffs had ample clue that defendants would be denying existence of canal - In spite of that plaintiffs chose to restrict their prayer for permanent injunction - There is serious..........

Showing : 11-20 of 2088 Results