Showing : 11-20 of 1637 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Exchange of land - Mutation on the basis thereof - Exchange of land challenged on the ground of fraud - It requires investigation and this fact can only be ascertained after evidence of parties - At this stage defendants No.1 to 3 are owner-i, possesosn of suit land and as..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 7-- Appointment of Commissioner - Rejection of plaintiff's application on the ground of delay - Normally delay cannot be a ground for rejecting an application if circumstances obtaining in the case warrant appointment of Commissioner...........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 7-- Appointment of Commissioner - Suit for cancellation of sale deed - Issue of possession and appointment of Commissioner to ascertain factum/status of possession is hardly relevant - If a Commissioner is appointed, it would be nothing short of collecting evidence on plaintiff's behalf - Application..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 2A-- Interim injunction order - Willful disobedience - Use of plaintiff's trade mark despite order of interim injunction - Commissioner noted in his second visit to defendant's shop that goods were being sold without any wrapper/labels - Only hoarding on which plaintiff's trade mark was displayed in..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 2A-- Injunction order - Disobedience - For finding a person guilty of willful disobedience there has to be not mere `disobedience' but it should be `willful disobedience' - Allegation of willful disobedience being in the nature of criminal liability, the same has to be proved to the satisfaction of..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2-- Ad interim injunction - Implementation - Police assistance can be provided even when ad interim injunction order is not made absolute - An ad interim order has the same force as any final order and a party cannot refuse to abide an ad interim order on the ground that the same is only an ad interim..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2-- Ad interim injunction - Implementation - Police assistance - Providing police assistance as Court prima facie coming to conclusion that ad interim injunction order is violated - If defendant is not violating ad interim injunction order then providing police assistance is nothing but an innocuous..........
TELANGANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Title to property can only be incidentally gone into in a suit for injunction and a detailed examination on question of title is normally not undertaken in a suit for injunction, more particularly in an application for temporary injunction - Since both the Courts have..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 151, Order 39, Rule 7-- Appointment of Commissioner - Commissioner appointed only to know exact details of electricity connection - It cannot be inferred that evidence is collected for deciding issue - Application rightly allowed...........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Restraint order cannot be passed against a person who is not party to the litigation...........

Showing : 11-20 of 1637 Results