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...........
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 time of final disposal of..........
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...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Interim relief which amount to pre trial decrees must be avoided wherever possible...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Grant of mandatory interim relief requires the highest degree of satisfaction of the Court - Much higher than a case involving grant of prohibitory injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Guidelines - (1) The plaintiff has a strong case for trial which is of a higher standard than a prima facie case that is normally required for a prohibitory injunction; (2) It is necessary to prevent irreparable or serious injury which normally cannot be compensated in terms of money; (3)..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Declined by trial Court - Granted by Appellate Court substituting its own views - Order of Appellate Court set aside - View taken by trial Court does not indicate that the view taken is not a possible view - Appellate Court should not have substituted its own views in the matter merely on..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 23, Rule 1 -..........
Wakf Act, 1995, Section 112, 13, 14, Civil Procedure Code, 1908, Order 39, Rule 1 -- Wakf property - Administration - Constitution of Board of wakf found improper - Interim order passed directing that wakfs would be administered by Charity Commissioner till constitution of proper Board - Order ignore basic difference between wakf and trust - And that of lack of..........
Civil Procedure Code, 1908, Order 39 -- Temporary injunction - Suit for specific performance and claim of damages as an alternative relief - Held, plaintiff will be entitled to damages in case he ultimately does not succeed in the suit as such he will not suffer any irreparable injury - Not entitled to injunction...........
