Showing : 1-10 of 43 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Earlier suit for permanent injunction filed - Suit withdrawn and subsequent suit for specific performance filed - Second suit for specific performance is not barred U.O.2.R.2 CPC as (i) Cause of action to claim a relief of permanent injunction and the cause of action to..........
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: 2016
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 4-- Temporary injunction - Status quo order - Sustainability - Suit for specific performance and permanent injunction - Entire case of plaintiff based on premise that defendant No.3 was acting on behalf of defendant Nos.1 and 2, when he signed the agreement to sell - However, there is not even a..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Suit for cancellation of sale deed and permanent injunction - Suit filed after 24 years of execution of sale deed - Plaintiff came out with a very weak case that his father orally gifted the suit property to him that too three years after execution of sale deed in question -..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Suit for permanent injunction - Relief of specific performance sought by way of amendment of plaint - Principles governing applicability of S.17 of Specific Relief Act and Art.54 of Limitation Act not considered by Court - Moreover, respondents failed to demonstrate the..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Cannot be granted when suit for permanent injunction is not maintainable...........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Defendant allowed plaintiff to stay in the part of his house gratuitously - Plaintiff had misused the process of law by filing suit for permanent injunction, which is not maintainable in the eye of law - Held, in absence of any valid and subsisting lease or licence or rent..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Easements Act, 1882, Section 52-- Ad interim injunction - Licensee - In case of a license, if the licensor revokes the licence, the licensee is left with no legal right in the property and is, therefore, not entitled to temporary or permanent injunction against the licensor...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - No injunction whether permanent or temporary can be granted by Civil Court in respect of agricultural land against the recorded tenure holder in favour of a person who is not recorded tenure holder - Even otherwise no injunction can be granted against owner of property...........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 39, Rule 1,2, Specific Relief Act, 1963, Section 41(h)-- Temporary injunction - Suit for injunction not maintainable when plaintiff had equally efficacious remedy to seek specific performance but has not sought the said relief - Held, if suit for permanent injunction itself is not maintainable, then question of granting temporary injunction would not..........

Showing : 1-10 of 43 Results