Showing : 221-230 of 731 Results

ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 39, Rule 1-- Temporary injunction - Balance of convenience - Respondent No.1 has purchased a land comprising of area of 62376 sq.metres and after getting a plan sanctioned from Agra Development Authority started developing a residential colony thereon - Appellant has alleged in plaint that he had purchased an..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 39, Rule 1-- Temporary injunction - Prima facie case - Burden of proof - Appellant tried to raise certain doubts over title of respondent No.1 - Held, to establish prima facie case burden in on appellant to establish his title and possession over property in suit - He cannot take advantage of weakness of..........
KARNATAKA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 94, 135, Order 39, Rule 1, 2, 3A-- and Trade Marks Act, 1999, - Temporary injunction - Registered trade mark - Infringement - Trial court is empowered to consider prayer for grant of an ex parte order of temporary injunction - However, it would be in its realm or domain to examine facts of each case either to grant or refuse an..........
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..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 39, Rule 1,2-- Temporary injunction - Plaintiff claiming right on basis of lease deed - Validity of lease deed can only be decided when parties lead evidence - Right of plaintiff to carry business from the disputed land can only be protected on the basis of his possession - No finding with regard to possession..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ex parte order granting temporary injunction - Refusal to extend - Validity of - Ex parte order granted - Suit for permanent injunction alongwith an application U.O.39.Rr.1 & 2 of CPC filed by petitioners - Court below granted ex-parte status quo order - Said status quo order was extended from..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Suit for permanent injunction - More than 7 years passed and now defendants are trying to encroach upon the property of petitioners - Held, writ petition is disposed of with observation that Court below on application U.O.39.Rr.1 and 2, CPC, will pass appropriate order in..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2-A, Civil Procedure Code, 1908, Section , Order 23, Rule 3, Civil Procedure Code, 1908, Section , Order 43, Rule 1-A-- Undertaking given in terms of temporary injunction - Suit withdrawn - Without getting the suit restored, undertaking given cannot be enforced...........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 39, Rule 1,2, 2-A-- Temporary injunction - Undertaking given in terms of temporary injunction - Becomes dead beyond life of suit...........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 39, Rule 1,2, 2-A-- Temporary injunction - Undertaking given by plaintiff that in case he fails in the main suit then he would remove the disputed construction at his own cost - `Fails in the main suit' means decision of suit on merits - Withdrawal of suit does not amount to `decision of suit on merits'...........

Showing : 221-230 of 731 Results