Showing : 21-30 of 78 Results

BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Suit for specific performance - Amendment seeking relief of possession - Originally plaintiff claiming to be in possession - However, while deciding application for ad interim injunction, Court recorded a finding that defendant is in possession of the suit property - Held,..........
KERALA HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 145-- Mere pendency of civil suit does not deprive the jurisdiction of the Magistrate to take action u/s 145 Cr.P.C. - If during the pendency of civil suit Court has not passed interim order affecting the right of the parties or where application for injunction was rejected or such suit was at a very..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Evidence discussed in detail - It also appears that suit is finally decided - Such is not the intent of the cannon of law to be used at the time of decision of application U.O.39.Rr.1,2 - Impugned order set aside...........
CALCUTTA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Interim injunction - Grant of - Plaintiff filed a suit seeking a decree of permanent injunction - Interim injunction sought was refused by Trial Court - Legality of - Held, Trial Judge failed to appreciate that appellant had been able to make out a prima facie case and that balance of convenience..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 39, Rule 1,2-- Injunction - Safeguards - (i) Safe and better course is to give a short notice on injunction application and pass an appropriate order after hearing both the sides; (ii) in case of grave urgency, if it becomes imperative to grant an ex parte ad interim injunction, it should be granted for a..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 39-- Temporary Injunction - Alienation of suit property - Wife seeking restraint order against husband - Suit filed after decree of divorce granted in favour of husband became final and also dismissal of application filed by wife u/s 125 Cr.P.C. wherein no provision was made for maintenance of wife..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ex parte ad interim injunction - When can be granted - Held, it is only when an application U.O.39.Rr.1 and 2 CPC is filed by a plaintiff at the initial stage of suit that trial Court is required to pass orders awaiting service of notice - Even in such cases, Court has to record reasons for..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 43, Rule 1(r), Constitution of India, 1950, Article 227-- Suit for possession by way of specific performance of agreement to sell - Along with suit, application for interim injunction also filed on which parties directed to maintain status quo regarding possession and alienation - Plaintiff petitioner filed applications under order 39 Rule 2-A for..........
ORISSA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 10-- Stay of suit u/s 10 of the Act - Jurisdiction of Court to decide ad interim injunction application - Trial Court should not proceed with interim application if interim prayer touches the merit of suit or issues raised in the suit in any manner...........
CALCUTTA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - 'Property in dispute' - In simple money suit plant and machinery cannot be property in dispute - No averment in plaint or application for ad interim injunction that defendant is threatening to remove or dispose of his property with view to defraud his creditors - Allegation..........

Showing : 21-30 of 78 Results