Showing : 91-100 of 117 Results

KARNATAKA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Before granting temporary injunction Court has to examine whether the person claiming temporary injunction has made out a prima facie case and whether the balance of convenience lies in his favour - Court also has to look into if injunction is not granted whether the..........
KARNATAKA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Prima facie case is not to be confused with prima facie title - Prima facie case means a case which cannot be thrown out on technicalities such as the suit barred by limitation or the like - If the suit cannot be thrown out on technical grounds as not maintainable and if the..........
RAJASTHAN HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Claim based on property alleged to be joint family property - Parties Muslims - Concept of joint family property alien to Muslim Law - Defendants admittedly in possession - No prima facie case for restraining defendants from putting up construction - Injunction declined...........
ORISSA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Prima facie case in favour of plaintiff - But irreparable loss and balance of convenience in favour of defendant - Injunction cannot be granted...........
ALLAHABAD HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Particulars of property in respect of which temporary injunction sought not available from pleadings of plaintiff - Dispute over land raised after 30 years - Appellate Court not finding it believable that defendant not in possession of land purchased by his father 30 years..........
DELHI HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary mandatory injunction - Grant of - Guiding principles - 1991 Civil Court Cases 99 (S.C.) followed wherein held: (1) The plaintiff has a strong case for trial i.e. it shall be of a higher standard than a prima facie case that is normally required for a prohibitory injunction; (2) It is..........
KARNATAKA HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r)-- Temporary injunction - Appeal - Power of appellate Court to interfere with the order - Where party in possession, claiming his possession to be lawful and complaining of encroachment and threat of forcible dispossession, had made out prima facie, triable case and sought relief of permanent..........
RAJASTHAN HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Order 39, Rule 1-- Temporary injunction - Restraining Urban Improvement Trust from dispossessing plaintiff from suit premises - Plaintiff in long possession of disputed land - Parting with half portion of same on compromise with Trust that shops raised thereon shall be allotted and regularised in name of plaintiff -..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1995
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary mandatory injunction - Can be granted if (1) The plaintiff has a strong case for trial of a higher standard than a prima facie case, normally required for a prohibitory injunction (2) It is necessary to prevent irreparable or serious injury which normally cannot be compensated in terms..........
RAJASTHAN HIGH COURT
Year of decision: 1994
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction restraining Municipal Board from realising octroi - Normally no temporary injunction should be granted restraining realising of public revenue - Even if plaintiff establishes prima facie case, the Municipal Board should not be restrained from realising Octroi, as other..........

Showing : 91-100 of 117 Results