Showing : 51-60 of 61 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 1995
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary mandatory injunction - Can be granted if (1) The plaintiff has a strong case for trial of a higher standard than a prima facie case, normally required for a prohibitory injunction (2) It is necessary to prevent irreparable or serious injury which normally cannot be compensated in terms..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1994
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Prin-ciples governing - Three principles viz (1) Prima facie case (2) Balance of con-venience (3) Irreparably injury - All the three conditions to be established - Prima facie case does not mean to examine the merits of the case closely - Plaintiff need not to establish..........
ALLAHABAD HIGH COURT
Year of decision: 1992
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Trespasser - Two types (1) One whose origin is legal but with efflux of stipulated period becomes trespasser (2) Second the origin of which is not legal and is known as criminal trespass-Law does not protect the possession of a trespasser of the second category...........
SUPREME COURT OF INDIA
Year of decision: 1991
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Nature and facts to be taken into consideration (1) There is a serious disputed question to be tried and on the facts before the court there is probability of being entitled to the relief claimed (2) The Court interference is necessary to protect the party from the species..........
KERALA HIGH COURT
Year of decision: 1991
Details
Civil Procedure Code, 1908, Order 39, Rule 2A-- Rule applies only when there is disobedience or breach of an injunction order passed by a court under Order 39 Rules 1, 2 - Does not apply to the case of disobedience of a permanent injunction embodied in a decree...........
ALLAHABAD HIGH COURT
Year of decision: 1991
Details
Civil Procedure Code, 1908, Section 144, 151, Order 39, Rule 1, 2-- Restitution of possession - Application can be filed by a person who was dispossessed from his lawful possession of his property invoking inherent powers of court - Such an application can be filed even in proceedings under Rules 1 and 2 of O.39 CPC...........
KARNATAKA HIGH COURT
Year of decision: 1988
Details
Civil Procedure Code, 1908, Order 39, Rule 2-A(1)-- Temporary injunction - Disobedience - Punishment - Two modes available to Court mentioned in Rule 2-A(1) - Choosing of punishment is a judicial discretion which depends upon several factors - Gravity of the disobedience and suitability of the particular action to prevent the recurrence of the..........
RAJASTHAN HIGH COURT
Year of decision: 1987
Details
Civil Procedure Code, 1908, Section 115, Order 39, Rule 1, 2-- Mere mention of S.151 CPC with O.39. Rules 1 & 2 - does not change its character or complexion - order is appealable and no revision lies...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1972
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Tempo rary injunction - Only point to be determined - Whether or not plaintiff has prima facie case in his favour - Prima facie case if 4n favour of plaintiff - Entitled to temporary injunction during the pendency of suit. In an application under Order 39 Rules 1 and 2 of the Code of Civil..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1971
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Dispute about possession - During the pendency of suit in Civil Court correction of entries in Khasra Girdawaris - Not appropriate - Evidence adduced by parties before Revenue Authorities for correction of Khasra Girdawaris - To be assessed independently by Civil Court. Where the Civil Court..........

Showing : 51-60 of 61 Results