Showing : 51-60 of 62 Results

KERALA HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 38, Rule 1-- Order of arrest before judgment - Order to be passed only where the plaintiff is able to make out a prima facie case and on being satisfied of the ingredients with regard to possible ascendance or disposal of the properties with intention to delay or obstruct the execution of the prospective..........
ALLAHABAD HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Suit or partition of joint properties and for permanent injunction - Defendant pleading partition by relying on family settlement and the execution of the document dated 16.4.1990 - Plaintiff denying partition by family settlement or execution of document - Real issues..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Stringent provisions - Can be taken recourse to once basic ingredients specified are satisfied and Court prima facie of the view that decree of Court likely to be frustrated or unnecessary delay...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 38, Rule 4, 5-- Attachment before judgment - Coercive directions - Cannot be taken recourse to in a casual manner - Can be invoked on very strong facts - Applicant must have not only a prima facie case but should be able to satisfy Court that grounds pleaded satisfy ingredients of Order 38 Rule 5 - There should..........
GUJARAT HIGH COURT
Year of decision: 1998
Details
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482-- Pleading - Absence of averment in complaint that cheque was issued towards the discharge of whole or any part of debt or any liability - Held, if the complaint and its accompaniments prima facie show the ingredients of S.138 of the Act then the complaint cannot be thrown or quashed at the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 38, Rule 5, 6-- Stringent provisions exercised by Court when applicant able to make out a prima facie case on the one hand and on the other hand able to satisfy the ingredients under these provisions - Order 38 Rule 5 postulates different orders - Not necessary that Court must straight away pass order of..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1998
Details
Evidence Act, 1872, Section 65-- Secondary evidence - Applicant must state the existence of the document and its loss subsequent thereto - Once these two ingredients are stated and the Court is prima facie satisfied then the party who has approached the Court must be given a fair chance to prove its case in accordance with law...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1996
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad-interim injunction - All the three ingredients viz prima facie case, balance of convenience, and irreparable injury must co-exist for a relief of ad-interim injunction...........
RAJASTHAN HIGH COURT
Year of decision: 1994
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction restraining Municipal Board from realising octroi - Normally no temporary injunction should be granted restraining realising of public revenue - Even if plaintiff establishes prima facie case, the Municipal Board should not be restrained from realising Octroi, as other..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1994
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - In case involving public properties and public interest - Besides three ingredients viz. a strong prima facie case, balance of convenience and irreparable injury the Courts have to bear in mind as to whether the grant of injunction would be conducive or detrimental to public..........

Showing : 51-60 of 62 Results