Showing : 61-70 of 1433 Results

RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Court while considering prima facie case has to examine defence sought to be raised by defendant - However, Court cannot make observations regarding merits of document and plea raised by defendant as it is wholly unnecessary for the purpose of arriving at a finding regarding..........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 2A-- Disobedience of injunction order - Plaintiff has to establish beyond any shadow of doubt that defendants had committed disobedience or breach of order of injunction, as in such proceedings principles of criminal law as to appreciation of evidence apply...........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 2A-- Disobedience of injunction order - Appreciation of evidence - Different in a suit and application U.O.39.R.2-A CPC, as such, suit and such application has to be decided separately...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 151, Order 39, Rule 7-- Local Commissioner - Ascertainment of illegal construction raised by defendant - Record demonstrates that defendant raising construction as per bye laws and norms of Municipal Council - Moreover, Municipal Council has issued notice with respect to certain deviations - Existence of deviations on..........
UTTARAKHAND HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Plaintiff able to show his prima facie case by depicting that he is owner in possession of suit land (his name being recorded in khasra and Khatauni in revenue records) - Relief of temporary injunction rightly granted in favour of plaintiff...........
UTTARAKHAND HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 38, 41-- Injunction and temporary injunction - Parameters for deciding temporary injunction application and suit for permanent prohibitory injunction are entirely different - One is governed by O.39.Rr.1,2 CPC and the other is decided on the basis of provisions contained in Specific Relief Act...........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 14(1)(c)(e)-- Interim injunction - Private contract of personal service - Courts do not grant injunctions to direct continuation of a contract which by its terms is determinable vide Ss.14(1)(c), 41(e) of Specific Relief Act...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2.O-- Temporary injunction and appointment of receiver - Property ordered to be put on public auction by appellate Court in an appeal against order granting temporary injunction and appointing receiver - None of the parties did suggest the disposal of suit property by public auction - Neither any..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Contempt of Courts Act, 1971, Section 12, Civil Procedure Code, 1908, Order 39, Rule 2-- Disobedience of order of injunction - Order of injunction passed by District Judge - Contempt petition u/s 12 of Contempt of Courts Act in High Court - As it is imperative to come to a definite conclusion before punishing concerned respondent as to whether he indeed willfully disobeyed the order..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 2A-- Disobedience of order of injunction - Court who has granted injunction or made an order may order the property of person guilty of such disobedience or breach to be attached and may also order such person to be detained in civil imprisonment for a term not exceeding three months unless Court in..........

Showing : 61-70 of 1433 Results