Showing : 61-70 of 2088 Results

ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 32, Rule 2, 3-- Person of unsound mind - Suit filed through natural guardian/mother - Suit was instituted by plaintiff through his mother acting as his next friend - Interest of mother is not adverse to plaintiff - Mere filing of suit for injunction by plaintiff through testamentary guardian against his mother..........
KERALA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 2A, Guardians and Wards Act, 1890, Section 12-- Disobedience of order of Family Court - Custody of child - Order of Family Court passed u/s 12 of G & W Act, though being is in the nature of a directive and an interim order of mandatory injunction, cannot be enforced by invoking O.39.R.2-A CPC - Appropriate remedy is contained u/s 45(1) of G&W..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Suit filed u/s 6 of Specific Relief Act - Application for temporary injunction dismissed by Trial Court which was affirmed by first appellate Court - High Court set aside concurrent findings of Courts below, without dealing with any of aspects set out by first appellate..........
ORISSA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of intervenors - Suit for declaration of title and permanent injunction - Intervenors asserting their possession over suit land on the basis of oral gift made by defendant - They have also instituted suit along with plaintiffs against defendant in same Court - Said suit is sub judice -..........
MADHYA PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 2A-- Disobedience of injunction order - Suit property sold by Power of attorney during pendency of suit - Power of Attorney holder was not having knowledge of order of Court and act done by him was in good faith - He has also assured after getting knowledge of order that no further sale of any part of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Restoration of suit dismissed in default - Plaintiff was present in almost all hearings before trial Court which indicates that he was genuinely pursuing the matter - Application for restoration of suit filed within period of limitation - Plaintiff having filed the suit for declaration and..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Status quo order - Plaintiff has raised arguable question in suit, which needs to be determined on the basis of totality of evidence to be led on record by respective parties - He has been able to show prima facie case in his favour and balance of convenience also lies in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Application cannot be dismissed by holding that suit is not maintainable in the absence of an application filed U.O.7.Rr.10, 11 CPC - No such prayer could be appreciated and that too in the application U.O.39.Rr.1,2 CPC - Impugned order set aside...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 1-- Temporary injunction - Restraining Electricity Board from interfering in possession of plaintiffs - Plaintiffs failed to produce any evidence of their possession over vacant land - No undue hardship or prejudice would be caused to plaintiffs in the event Electricity Board is permitted to proceed..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Constitution of India, 1950, Article 227-- Writ petition - Maintainability - Writ Petition u/art 227 of Constitution challenging orders passed by Civil Courts refusing to grant interim injunction U.O.39.Rr.1, 2 CPC, is maintainable...........

Showing : 61-70 of 2088 Results