Showing : 1-10 of 194 Results

TELANGANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Title to property can only be incidentally gone into in a suit for injunction and a detailed examination on question of title is normally not undertaken in a suit for injunction, more particularly in an application for temporary injunction - Since both the Courts have..........
TELANGANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Injunction - Status quo order - Order of status quo not be passed without clarifying which party is in possession of the property...........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 145, 146-- Ex parte attachment order - Property in question jointly held by parties without there being any partition in metes and bounds - Order of attachment at the very threshold of proceedings may prejudice the claim of party in possession - An ex parte attachment order if set aside no such miscarriage..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 2A, 7-- Status quo order - Construction in violation thereof - Local Commissioner appointed to take colour photographs of all the sides of the disputed site - Local Commissioner instructed not to record evidence - It is not collecting evidence for plaintiff - Order will further cause of justice, so as to..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 41, Rule 5-- Declaratory decree - Stay of operation - It is only execution of executable decree can be stayed - As execution of declaratory decree is not required as such execution of declaratory decree cannot be stayed - However, since property in lis has to be preserved, direction issued that during pendency..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Status quo order - Plaintiff has raised arguable question in suit, which needs to be determined on the basis of totality of evidence to be led on record by respective parties - He has been able to show prima facie case in his favour and balance of convenience also lies in..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 1-- Temporary injunction - Restraining Electricity Board from interfering in possession of plaintiffs - Plaintiffs failed to produce any evidence of their possession over vacant land - No undue hardship or prejudice would be caused to plaintiffs in the event Electricity Board is permitted to proceed..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11, 10-- Rejection of plaint on ground of jurisdiction - Plaint returned for presentation before competent Court - Status quo order passed for a period of one month in order to enable plaintiff to file proper petition before competent court and to avail his legal remedies in accordance with law...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 4-- Vacation of status quo order - Suit for injunction - Restraining defendants from raising construction over motorable path - Admittedly, suit property is joint inter se parties - Plaintiff failed to prove any family arrangement in previous suits filed against defendant - Revenue record also..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 145, 482-- Proceedings u/s 145 Cr.P.C - Dispute regarding temple - Civil suit between parties stands adjourned sine die and parties were directed to maintain status quo with regard to passage which is bone of contention between parties for going in and out for general public - Petitioner failed to produce..........

Showing : 1-10 of 194 Results