Showing : 111-120 of 195 Results

CALCUTTA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Prima facie case - Does not mean an iron cast case with cent per cent chances of success - Injunction is to be granted where serious question is to be tried - Denial of interim relief to cause prejudice to plaintiff who will suffer penalties imposed by apparently illegal..........
MADRAS HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Protection of Women From Domestic Violence Act, 2005, Section 17, 2(f)-- Right of wife to live in shared household - Husband not allowing wife to live in shared household - Wife trespassed into house - Husband threatening forcible dispossession - Wife filing suit for permanent injunction restraining husband from disturbing or interfering in her peaceful possession -..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 80(2)-- Suit against Govt. - Notice - Exemption - Refusal to grant leave to institute suit against Govt. without serving notice u/s 80(1) CPC - No interim relief can be granted...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 80-- Suit against Govt. without notice u/s 80(1) - Leave to file suit without prior notice refused by Trial Court - Plaint returned - On refusal of leave the question of institution of suit does not arise, accordingly no interim relief can be granted at that stage...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Anti suit injunction - Suit for mandatory injunction/permanent injunction/prohibitory injunction restraining defendant from continuing with complaint for divorce pending in Foreign Court - Trial Court issued notice on ad interim injunction application - Order challenged - Principles governing..........
PUNJAB AND HARYAN HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Interim injunction - Change of nature of suit land - Suit for declaration challenging sale deed executed in favour of defendant - Interim injunction regarding alienation and from raising construction and changing nature of property claimed - Alienation stayed - Defendant in exclusive possession of..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Interim orders-- A relief which can be granted only at the final hearing of the matter, should not ordinarily be granted by way of an interim order...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 80(1), 80(2)-- Notice - Service of - Exemption - Leave of Court - Suit against Govt. or a public officer - Service of notice is imperative except where urgent and immediate relief is to be granted by the Court, but with the leave of the Court - Leave of Court is the condition precedent - Leave must precede the..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 80(1), 80(2)-- Government or public officer - Suit against - Notice u/s 80 CPC is imperative - In case urgent and immediate relief is to be granted suit can be instituted without service of notice u/s 80 with leave of the Court - Such leave must precede the institution of suit - Order granting leave must..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Interim injunction - Sale deed executed by two brothers - Challenged by one brother after 7 years on ground of fraud & misrepresentation - Possession delivered to vendee - Mutation sanctioned in favour of vendee - The three basic ingredients for getting relief under O39 Rs 1 & 2 - Prima facie case..........

Showing : 111-120 of 195 Results