Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Police help - Cannot be granted on the vague plea that defendant alongwith some persons tried to dispossess the plaintiff from the land in dispute in absence of some material before the Court...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Police aid - Temporary injunction will become ineffective if police aid not granted as it is not possible for plaintiff to protect his possession - Order granting police aid does not suffer from any illegality or irregularity and the same is in accordance with law...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1,2 -- Status quo order - Implementation - Police help - Order for police help obtained by suppressing the fact that defendants are in possession of the suit property - Held, impugned order cannot be sustained...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Police help to enforce the order - Both the parties claiming their possession - Both the parties filed suits and in both the suits ad interim injunction restraining interference in possession granted - Appeal against ad interim injunction order pending in both the suits - Factum of possession still..........
Civil Procedure Code, 1908, Order 39, Rule 2-A, Constitution of India, 1950, Article 226 -- Civil Court vested with the power U.O.39.R.2-A and S.151 CPC not only to punish for contempt, but also to set right the wrong - It can order demolition of construction raised in violation of its order - In execution of such order it can direct police to act - However, this remedy is..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Implementation - Police help - Court can issue directions to police and local authorities or officers concerned to ensure the compliance of its ad interim injunction order directing parties to maintain status quo, and it is obligatory for the State authorities to comply with such order...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Implementation - Police help - For implementation of order for injunction, Court can grant police protection...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 2-A, Civil Procedure Code, 1908, Order 21, Rule 32 -- Interim injunction - Police protection - Can be provided only when there is threat of breach, disobedience or violation of the order of interim injunction and not when order of interim injunction is violated as in that eventuality aggrieved party has to file execution..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Police help to enforce injunction order - Application moved in a petition U.O.39.R.2-A CPC and not in the main suit - No finding recorded regarding violation of order by the petitioner - Order of police help passed in a very casual manner - Held, impugned order cannot be sustained - Order granting police help..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from interfering in peaceful possession - Defendants sold their undivided share - Third party stranger cannot be granted possession of undivided share in a joint family property, by virtue of S.44 TPA - He has to work his remedies and seek partition - Defendants restrained from..........
