Showing : 41-50 of 71 Results

SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2-- Temporary injunction - Court in exercise of its inherent jurisdiction can grant temporary injunction in circumstances which are not covered under O.39 of the Code in exceptional circumstances...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Grant or refusal - Appellate Court can interfere when discretion is exercised by granting a temporary injunction when there is `no material', or refusing to grant a temporary injunction by ignoring the relevant documents produced which are termed as arbitrary, capricious or..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Demolition - Temporary injunction - When structure is unauthorised temporary injunction cannot be granted merely on the ground of sympathy or hardship...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Can be granted only when (i) prima facie case is made out; (ii) balance of convenience; (iii) irreparable loss and injury - Relief of temporary injunction being an equitable relief it can be granted only when plaintiff's conduct is free from blame and he approaches the court..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Jurisdiction - Clause in agreement viz. 'Court of Bombay and no other Court' - Plea of not consciously agreeing to the exclusion of jurisdiction of Courts other than Bombay - Until a clear finding is recorded that Court has territorial jurisdiction to try the suit, no..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Monopolies and Restrictive Trade Practices Act, 1969, Section 12A, 36A- - Temporary mandatory injunction - Application filed by the appellant seeking stay of demand of extra charges and to restrain the respondent from cancelling the allotment of apartments for no, payment of the extra amount demanded rejected by the Commission - No offer made before the Commission nor..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Restraining alienation and raising construction - Temporary injunction cannot be declined on the basis that alienation will be subject to law of lis pendens and construction raised will be at own risk or on the basis of an undertaking that there will be no alienation and..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary mandatory injunction - Can be granted only in exceptional cases coming within exceptions noticed in Dorab Cawasji Warden case...........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary mandatory injunction - Expiry of period of license - Suit for possession - Interim mandatory injunction directing defendant to hand over vacant and peaceful possession of premises - Cannot be granted - Granting of interim order directing handing over of possession would only mean..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Dispute between appellant-defendant old contractor of running mine of Iron Ore and respondent-plaintiff new contractor with regard to their appointment exclusively to run the Iron Ore mine - Ex parte interim injunction to the new contractor granted earlier by the trial court..........

Showing : 41-50 of 71 Results