Showing : 11-20 of 62 Results

SUPREME COURT OF INDIA
Year of decision: 2012
Details
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...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 39-- Temporary injunction - Court is required to consider (i) whether there is a prima facie case in favour of plaintiff; (ii) whether balance of convenience is in favour of passing the order of injunction; and (iii) whether plaintiff will suffer irreparable injury if an order of injunction is not..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 39-- Temporary injunction - Injunction has to be refused even when there is prima facie case in favour of plaintiff but injury to be suffered on account of refusal of temporary injunction is not irreparable...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 39-- Temporary injunction - Means injury must be material one, namely, one that cannot be adequately compensated by way of damages...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 39-- Temporary Injunction - Alienation of suit property - Wife seeking restraint order against husband - Suit filed after decree of divorce granted in favour of husband became final and also dismissal of application filed by wife u/s 125 Cr.P.C. wherein no provision was made for maintenance of wife..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Arbitration and Conciliation Act, 1996, Section 8-- Application u/s 8 of the Act - Limitation - Though S.8 of the Act does not prescribe any time limit for filing application and only states that application u/s 8 of the Act should be filed before submission of first statement on substance of dispute - Scheme of the Act and provisions of section..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 95-- Compensation - Suit if filed without sufficient grounds and in such a suit plaintiff obtains an interim order of arrest, attachment or temporary injunction, Court can grant compensation - Three things implicit in this provision are : (i) if no interim order (of arrest, attachment or injunction) is..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 95-- Compensation - Suit if filed without sufficient grounds and in such a suit plaintiff obtains an interim order of arrest, attachment or temporary injunction, Court can grant compensation - Three things implicit in this provision are : (i) if no interim order (of arrest, attachment or injunction) is..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary mandatory injunction - Mandatory interim orders are issued in exceptional cases, only where failure to do so will lead to an irreversible or irretrievable situation...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary mandatory injunction - Mandatory interim orders are issued in exceptional cases, only where failure to do so will lead to an irreversible or irretrievable situation...........

Showing : 11-20 of 62 Results