Showing : 21-30 of 110 Results

ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Suit for specific performance - Possession delivered subsequent to the execution of agreement to sell - If agreement to sell had been executed through registered document then subsequent delivery of possession can also take place through registered document - Absolutely no..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Grant of - Exercise of power by Court - Held, grant or refusal of an interim injunction in a civil suit is the most important stage in civil trial - Due care, caution or diligence should be taken by judicial officers and judges while granting or refusing injunction - Once an..........
KERALA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 4, Civil Procedure Code, 1908, Order 43, Rule 1(r), Constitution of India, 1950, Article 226-- Temporary injunction - Alternative remedy of appeal - Availability - Held, an order of injunction, whether interim or final, is an order falling within R.1 or 2 of O.39 CPC and is appealable U.O.43.R.1(r) CPC - Mere quoting wrong provision i.e. S.151 CPC in application for grant of injunction will..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary mandatory injunction - Grant of mandatory interim relief requires the highest degree of satisfaction of the Court - Much higher than a case involving grant of prohibitory injunction...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary mandatory injunction - Guidelines - (1) The plaintiff has a strong case for trial which is of a higher standard than a prima facie case that is normally required for a prohibitory injunction; (2) It is necessary to prevent irreparable or serious injury which normally cannot be..........
MADHYA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Grant of - Validity - Serious dispute between plaintiff and defendant No.1 regarding right, title and interest over plot in question - Defendant No.4 purchased disputed plot during pendency of suit from defendant No.1 - Held, trial Court justified in granting temporary..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Breach of agreement - Plaintiff/petitioner has miserably failed to make out necessary ingredients of prima facie case, balance of convenience and irreparable loss or injury for grant of temporary injunction - Held, Courts below have rightly declined temporary injunction to..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Grant of - Plaintiff had not been able to prove that property in dispute was joint property of the parties - Trial Court was of the view that appellant will not suffer any irreparable loss in case suit is decided finally, but has failed to consider that if it comes in the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Grant of - Validity - Plaintiffs/respondents and defendant No.1/petitioner are sons and grand-sons of `B' - In jamabandi they are depicted to be joint owners as well as in joint possession of suit land including khasra No. in which disputed tube-well and electric connection..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 1, Rule 10, Hindu Minority and Guardianship Act, 1956, Section 8-- Temporary injunction - Grant of - Alienation of property of minors - Petitioner instituted petition u/s 8 of the Act to seek permission to sell property of minors without impleading father of minors as party, although he was most necessary party to said petition being father of minors - Held,..........

Showing : 21-30 of 110 Results