Showing : 61-70 of 197 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - One of the cardinal principles in the matter of examining the application for temporary injunction is that a party claiming that relief must come to Court with clean hands...........
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,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Interim Injunction - Grant of - Injunction is sought by plaintiff on a plea that his own title to suit property is an admitted position and revenue entries as to cultivation also stand in his name - Respondents' prayer for correction of revenue entries has already been dismissed by revenue..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Courts must endeavour to find out if interim relief can be granted on consideration of issues other than those involved in the main suit and also whether partial interim relief would satisfy the ends of justice till final disposal of the matter...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Interim relief which amount to pre trial decrees must be avoided wherever possible...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary mandatory injunction - Grant of mandatory interim relief requires the highest degree of satisfaction of the Court - Much higher than a case involving grant of prohibitory injunction...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 11, Order 39, Rule 1, 2-- Ad interim injunction - Rejection of application - Fresh application - Grant of injunction based on prima facie case, balance of convenience and irreparable injury as well as the consideration of equitable relief may not remain static during the proceedings - Facts and circumstances may change -..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Co-owner -- Restraining other co-owner or any other person from cutting the trees from the joint land - Any relief including an interim injunction cannot be allowed unless all the co-owners are impleaded as party to the suit. (Specific Relief Act, 1963, Ss.37, 38, Civil Procedure Code, 1908, O.39.Rr.1,2)...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 40(1)- - Co-owner - Where compensation by payment will be adequate relief, the interim injunction to restrain a co-owner from enjoying the property may not be granted - Temporary injunction in such case may be granted only where the damages would not be able to mitigate the compensation...........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of FIR - Co-accused had been arrested with 19 ATM cards for which he offered no satisfactory explanation - Grant of bail by Additional Sessions Judge to co-accused without assigning any good reason - At the stage of investigation statement of co-accused stated that petitioner and one "D"..........

Showing : 61-70 of 197 Results