Showing : 1-10 of 72 Results

DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 4-- Ex parte ad interim injunction - Vacation of - Plaintiff nowhere shown to be in possession of any portion of suit property much less exclusive possession of property - No doubt, plaintiff relies on a conveyance deed and mutation of property, however, it is not apparent how he could have claimed..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ex parte interim injunction order - Restraining Muslim husband from re-marrying another cannot be granted, when personal law expressly permits him to have more than one wife at a time...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 47-- Execution - Decree for mandatory injunction - Execution of decree cannot be stayed during pendency of suit to set aside ex parte decree - So long as decree holds ground, the same may be executed...........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 8-- Representative suit - Leave to sue - Before grant of leave, ex parte interim injunction granted and Local Commissioner appointed - Enquiry in the suit can only be taken up after leave is granted - Order granting ex parte injunction and appointment of advocate commissioner set aside being..........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 12, Rule 6-- Judgment on admission - Suit for declaration and permanent injunction - Suit property mutually partitioned by deed of family settlement between parties - Factum of family settlement not denied by defendants - Plaintiff not claiming an inch of land beyond what has fallen to his share - More so,..........
KARNATAKA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 3-- Ex parte temporary injunction - Once Court says that compliance of O.39.R.3 CPC should be made, it means that it should be within 24 hours - Passing further order giving 3 days time for paying deficient process fee or furnishing copies of plaint for issuance of summons, cannot in any way be linked..........
KARNATAKA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 3A-- Ex parte temporary injunction order - Disposal of application within 30 days - Court can vacate or modify the order only when defendant files his written statement and statement of objection to the application or an application U.O.39.R.4 CPC - If Court has to come to a contrary opinion, it is..........
KARNATAKA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 3A-- Ex parte temporary injunction order - Disposal of application within 30 days - Plea that defendant gets a right of appeal if application is not decided within 30 days - Held, that right is always available only when he is ready to argue by putting forth his defence...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 23-- Remand of case - Suit for permanent injunction - Both the parties claiming right over suit property by virtue of sale deeds in their favour - High Court committed error in dismissing appeal against ex parte decree passed by trial Court and relegating defendants to file a fresh suit - Since both..........
HYDERABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3-- Ad interim injunction - Notice - Issuance of notice is a rule and grant of an ex parte injunction order an exception - Wherever Court chooses to follow exception, it has to necessarily comply with the mandatory requirement of recording reasons for its option that object of granting injunction..........

Showing : 1-10 of 72 Results