Civil Procedure Code, 1908, Order 39, Rule 3 -- Ex parte interim injunction - When ex parte interim injunction is granted then complete copy of paper book viz. copy of application for injunction, copy of affidavit filed in support of application, copy of plaint and copies of documents on which applicant relies upon not sent by registered post as envisaged U.O.39.R.3 CPC -..........
Evidence Act, 1872, Section 137, Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 19, Rule 3 -- Temporary injunction - At the time of deciding an application U.O.39.Rr.1, 2 CPC, summoning a witness for cross-examination is not permissible in view of what has been contained in O.19.R.3 CPC...........
Civil Procedure Code, 1908, Order 43, Rule 1(r), Civil Procedure Code, 1908, Order 39, Rule 3, 3A -- Appeal - Ex parte injunction - Law as to : (i) Miscellaneous appeal against ex parte injunction order would be maintainable only after expiry of 30 days where provision of O.39.R.3-A PC is in force; (ii) In State of UP, since Circular dated 16.8.17 issued providing for 6..........
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 with direction given to..........
Civil Procedure Code, 1908, Order 39, Rule 3, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Ad interim injunction - Order to issue notice to the opposite party - Order is not appealable...........
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 - Order impugned not..........
Civil Procedure Code, 1908, Order 39, Rule 3 -- Ad interim injunction - Court can grant injunction even without notice to defendant, where it appears that object of granting injunction would be defeated by delay...........
Civil Procedure Code, 1908, Order 39, Rule 3 -- Ad interim injunction - Status quo order - Trial Court issued interim injunction directing parties to maintain status quo over land in dispute till next date for final disposal of application - Though Court empowered to grant injunction even without notice to defendant, however, once the objection against application was on..........
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...........
Civil Procedure Code, 1908, Order 39, Rule 3, 3A -- Provisions of O.39.Rr.3 & 3A CPC are mandatory in nature...........
