Showing : 21-30 of 182 Results

SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 39, Rule 2A-- Injunction order - Disobedience - Demolition of a building - Appellant who was Junior Engineer implemented the order passed by his superior officers - Superior officers under whose supervision contumacious action alleged against appellant was committed have been let off - Appellant is discharged..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Contempt of Courts Act, 1971, Section 12-- Ex parte injunction order - Deliberate and willful violation thereof - Petition be decided after decision of the main case as it is not proper to probe into the facts and record any finding on any of the issues arising out of collateral proceedings else observations may cause prejudice to the..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Contempt of Courts Act, 1971, Section 12-- Ex parte injunction order - Deliberate and willful violation thereof - Held, it is always in the larger interest of parties to the Lis to get the main case decided first on its merits as far as possible rather than to pursue their off-shoot proceedings on merits by keeping the main case undecided..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 37, 38-- Banking law - Law of injunction - Injunctions against negotiating banks for making payments to beneficiary must be given cautiously as constant judicial interference in normal practices of market can have disastrous consequences as it affects the trustworthiness of Indian banks and markets...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 37, 38-- Letter of Credit - Law of injunction against honoring Letter of Credit by a bank summed up as follows: (i) Court must be slow in granting an order of injunction restraining realization of a bank guarantee or Letter of Credit; (ii) There are two exceptions to above rule: (a) it must be clearly..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 4-- Temporary injunction - Vacation of order - It is not open for High Court to give a finding on main issue relating to maintainability of suit and family settlement reached between the parties - Impugned judgment and order of High Court set aside and matter remitted back for fresh disposal...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Contract Act, 1872, Section 23-- Execution of sale deed in violation of order of injunction - Such sale deed is unlawful having no legal sanctity...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Tenant - Both plaintiff No.1 and defendants claiming that plaintiff No.2 is tenant under them - Tenant is entitled to ad interim injunction against the threatened action to evict him without following due process of law - Respective rights of parties shall be decided at the..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Courts must endeavour to find out if interim relief can be granted on consideration of issues other than those involved in the main suit and also whether partial interim relief would satisfy the ends of justice till final disposal of the matter...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Interim relief which amount to pre trial decrees must be avoided wherever possible...........

Showing : 21-30 of 182 Results