Showing : 1-10 of 182 Results

SUPREME COURT OF INDIA
Year of decision: 2020
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Suit for specific performance - Plaintiff seeking temporary injunction in a suit for specific performance has to establish a strong prima facie case on basis of undisputed facts - Conduct of plaintiff is also very relevant consideration for purposes of injunction -..........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Suit for specific performance - Whether there existed concluded contract between parties or not, is itself a matter for trial to be decided on basis of evidence that may be led - Part of consideration amount not paid by plaintiff - Balance of convenience is in favour of..........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Suit for specific performance - Irreparable harm - Question of irreparable harm to a party complaining of breach of contract does not arise if other remedies are available to the party complaining of the breach...........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Apart from existence of a prima facie case, balance of convenience, irreparable injury, conduct of party seeking equitable relief of injunction is also very essential to be considered...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 2A-- Interim mandatory injunction and police aid - Sought during pendency of appeal - Civil Court is not powerless to grant interim mandatory injunction - However, it does not mean that same could be granted even without an opportunity to the other side, especially when main appeal is pending for the..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r), Civil Procedure Code, 1908, Section 104(1)(i), Constitution of India, 1950, Article 227-- Temporary injunction - Revision under Art.227 Constitution of India thereagainst - Remedy of appeal is provided U.O.43.R.1(r) and S.104(1)(i) against an order of temporary injunction - High Court not to entertain revision under Article 227 especially in a case where specific remedy of appeal is..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3A-- Temporary injunction - Disposal of injunction application within 30 days - Trial Court without granting an ex parte order of injunction, choose to allow opposite parties to file counter affidavits along with documents and then heard opposite parties before allowing injunction application - High..........
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..........
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 1, 2-- Ad interim injunction - It is to be granted not at asking but on strong circumstance so that to protect rights and interest of parties so as not to frustrate their rights regarding mandatory injunction...........

Showing : 1-10 of 182 Results