Showing : 1-10 of 51 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..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Interim injunction - Plaintiffs failed to produce any evidence of their possession over vacant land - No undue hardship or prejudice would be caused to plaintiffs in the event defendant/Electricity Board is permitted to proceed with the energisation of Electricity sub-station - However, in the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Transfer of Property Act, 1882, Section 58-- Mortgage - Injunction - Modification of order - In the instant case, mortgage was created by defendant/petitioner without delivery of possession of land in favour of plaintiff/respondent - Plaintiff filed application U.O.39.R.1 CPC for restraining defendant from parting with possession of land in..........
KARNATAKA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 3-- Ex parte temporary injunction - Once Court says that compliance of O.39.R.3 CPC should be made, it means that it should be within 24 hours - Passing further order giving 3 days time for paying deficient process fee or furnishing copies of plaint for issuance of summons, cannot in any way be linked..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary mandatory injunction - Guidelines as pointed out by Supreme Court are : (1) the existence of a strong case for trial, the standard of which shall be higher than that of a mere prima facie case required for a prohibitory injunction; (2) the necessity to prevent irreparable or serious..........
UTTARAKHAND HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 3-- Ad interim injunction - Order to issue notice to the opposite party - Mandate of O.39.R.3 is issuance of notice unless Court records reasons for coming to the conclusion that object of ranting injunction would be defeated - No illegality committed in order to issue notice to the opposite party -..........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 4-- Temporary injunction - Status quo order - Sustainability - Suit for specific performance and permanent injunction - Entire case of plaintiff based on premise that defendant No.3 was acting on behalf of defendant Nos.1 and 2, when he signed the agreement to sell - However, there is not even a..........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ex parte interim injunction - Appeal - No appeal lies against an ad-interim injunction order except in extra-ordinary circumstances, as to no, compliance of mandatory provisions, or rarest of rare case, where order is perverse or biased or it suffers from lack of jurisdiction - Moreover,..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Restraining appellant from interfering peaceful possession and enjoyment of `A' schedule property - Plaintiff failed to show any semblance of evidence that he is in possession of `A' schedule property - Even on the contrary, plaintiff suffered adverse findings in this..........
UTTARAKHAND HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 39, Rule 3, Civil Procedure Code, 1908, Order 43, Rule 1(r)-- Order directing issue of notice U.O.39.R.3 CPC - No appeal lies thereagainst - Appeal lies against order passed U.O. 39.Rr.1, 2, 4 or 10 - Appeal, held, not maintainable...........

Showing : 1-10 of 51 Results