Showing : 41-50 of 51 Results

DELHI HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary mandatory injunction - Grant of - Guiding principles - 1991 Civil Court Cases 99 (S.C.) followed wherein held: (1) The plaintiff has a strong case for trial i.e. it shall be of a higher standard than a prima facie case that is normally required for a prohibitory injunction; (2) It is..........
KARNATAKA HIGH COURT
Year of decision: 1995
Details
Civil Procedure Code, 1908, Section 148A(1), Order 39, Rule 1, 2, 3-- Party lodging caveat under Section 148-A(1) - Court to serve notice of application for injunction to caveator - Court has no jurisdiction to grant ex parte injunction order unless conditions prescribed therein are complied with - In view of provisions of O.39.R.3 and Section 148-A which make a..........
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 3 A-- Exparte temporary injunction - order of temporary injunction extended in disregard to rule 3 - A - Held, it indicates that Court below acted in mechanical manner without applying its mind-order of lower Court set aside...........
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..........
RAJASTHAN HIGH COURT
Year of decision: 1991
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Plaintiff coming into possession of plot without depositing 3/4th of balance bid amount - Injunction sought retraining defendant from reauctioning of plot and from dispossessing - Order of courts below declining injunction upheld...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1986
Details
Punjab Municipal Corporation Act, 1976, Section 396, Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Non-issuance of notice - Proceedings under Section 269 not taken after notice to person in occupation (tenant) - No order against tenant- Not incumbent on tenant to issue notice under Section 3, 6- Sub-section (3) provides for no, issuance of notice in a suit for injunction as premises would have..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1985
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction to prevent proposed alienation (not for benefit of family or for any legal necessity) - Cannot be granted - No right in a coparcener to maintain a suit for permanent injunction restraining manager or karta from alienating coparcenary property - Coparcener has right only to..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1974
Details
Civil Procedure Code, 1908, Order 39, Rule 1-- Principles governing in grant of temporary injunction - (1) Prima facie case (2) Balance convenience (3) Irreparable injury. With the first condition as sine qua non, at least two conditions should be satisfied by the petitioners conjuctively and a mere proof of one of the three conditions does..........

Showing : 41-50 of 51 Results