Showing : 1-10 of 98 Results

TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Pre-requisites to grant injunction - Unless and until, the affidavit filed in support of injunction application makes out prima facie case and deponents states on oath that balance of convenience is in his favour and there is risk of irreparable loss - Court cannot grant..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 6, Rule 1-- Temporary injunction - Non-pleading of pre-requisites - No pleading in counter affidavit about prima facie case, balance of convenience and irreparable injury which are essential ingredients U.O.39.Rr.1, 2 CPC - Burden is on deponent of affidavit to state on oath that these three fundamental..........
JHARKHAND HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Prima facie - Means case is triable...........
JHARKHAND HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary Injunction - Restraining defendants from raising construction over suit land - Both parties claiming title and it is a triable issue and there is prima facie case - Possession is of defendant as they are making construction over suit land - Balance of convenience lies in favour of..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - At the stage of passing temporary injunction order, Court is obliged to form it's opinion on availability of prima facie case in favour of plaintiff and further record it's satisfaction regarding two other necessary ingredients viz. balance of convenience and irreparable..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Prima facie case - Means there is serious question to be tried in suit to dispel cloud of doubt relating to plaintiff's entitlement...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Suit for preemption - Court of first instance is expected to examine prima facie case with a practical and pragmatic approach sans purely pedantic and idealistic view of the matter - A litigant, who has approached Court asserting his right of preemption, is required to plead..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Plaintiffs failed to place on record revenue record depicting their possession over suit property - Defendants on other hand purchased tenancy rights vide sale deed and possession of property handed over to them - No prima facie case or balance of inconvenience in favour of..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Easementary right of passage - Two passages out of which one is of width of 2 yards located at a height of 2 fee without any vehicles capable of being going through the same - Plaintiff has to be taken to have established prima facie case - Balance of convenience is also in..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary mandatory injunction - Guidelines as pointed out by Supreme Court are : (1) the existence of a strong case for trial, the standard of which shall be higher than that of a mere prima facie case required for a prohibitory injunction; (2) the necessity to prevent irreparable or serious..........

Showing : 1-10 of 98 Results