Showing : 111-120 of 181 Results

SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim exparte injunction - Refusal by trial Court - Status quo order passed by Appellate Court - Order of status quo without indicating what the status quo was, is not an order that should be passed at the initial stage...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Grant of interim mandatory injunction - Dispossession alleged despite status quo order - Interim mandatory injunction is granted only in circumstances which are clear and where prima facie material clearly justify a finding that the staus quo has been altered by one of the parties to the..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Interim mandatory injunction - Dispossession despite order of status quo - In absence of a clear prima facie finding that plaintiff was in possession on the date of filing of suit and on the date of passing of exparte status quo order and that he is dispossessed thereafter, an order for interim..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Constitution of India, 1950, Article 227-- Revisional jurisdiction of High Court - Scope of Interference - Interim mandatory injunction - Jurisdiction to grant interim mandaotry injunction can be exercised after giving a finding that on the day of order for maintaining the status quo, the plaintiff was in possession and after the passing..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Interim mandatory injunction - Dispossession despite status quo order - An interim mandatory injunction is not a remedy that is easily granted - It is an order that is passed only in circumstances which are clear and prima facie materials clearly justify a finding that the status quo has been..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 144, Order 39,, Rule 1, 2-- Restitution - Dispossession alleged after order of status quo - Interim mandatory injunction granted - Possession recovered back through the process of Court during the pendency of proceedings before Higher Courts - Order granting interim mandatory injunction set aside by Supreme Court -..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 144, Order 39, Rule 1, 2-- Restitution - Dispossession despite order of status quo - Interim mandatory injunction granted - Possession delivered to plaintiff - Order set aside by Supreme Court - Possession ordered to be restored to defendant - Defendant not to create third party interests pending disposal of suit...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Constitution of India, 1950, Article 227, Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Supervisory Jurisdiction - Interim order passed by Lower Courts directing both the parties to maintain status quo regarding possession - Sons of plantiff lost earlier litigation upto Supreme Court in respect of same land - Issuance of interim order will nullify the judgment in earlier litigation -..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Co-sharers - Land not partitioned - There can be no alienation of specific portion of land - Parties to maintain status quo with regard to possession as well as alienation...........
KERALA HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 39, Rule 2-A-- Injunction - Order violated - Undue advantage taken by flouting the order of injunction - Court has inherent power to restore status quo ante or to disgorge the ill gotten advantage obtained through breach of Court order...........

Showing : 111-120 of 181 Results