Showing : 11-20 of 98 Results

RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Cannot be granted after Court reaches conclusion that plaintiff has no prima facie case even when defendant was proceeded ex parte...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Court while considering prima facie case has to examine defence sought to be raised by defendant - However, Court cannot make observations regarding merits of document and plea raised by defendant as it is wholly unnecessary for the purpose of arriving at a finding regarding..........
UTTARAKHAND HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Plaintiff able to show his prima facie case by depicting that he is owner in possession of suit land (his name being recorded in khasra and Khatauni in revenue records) - Relief of temporary injunction rightly granted in favour of plaintiff...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Restraining defendant from carrying out excavation upto 22 feet for the purpose of construction of basement adjacent to the house of plaintiff - Said excavation resulting into damage to the foundation as well as wall above of the house of plaintiff - These facts have been..........
KARNATAKA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Restraining defendants from obstructing work carried out by plaintiff - Joint Development Agreement entered into between parties - Defendant contended that said agreement is repudiated by cancellation Letter - Said Letter has to be tested during course of trial - Plaintiff..........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Mandatory injunction in temporary form - Removing construction/wall and to make available right of access/way to plaintiff - Plaintiff not filed any documentary evidence to establish that he is using way for last 20-22 years uninterruptedly - Prima facie there is no case in favour of plaintiff to..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Partition suit - Trial Court committed error by concluding that there was prima facie case regarding three properties for which injunction was ultimately granted without discussing as to how suit properties were joint - On this count alone order passed by trial Court cannot..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Court to examine prima facie case at interlocutory stage - Prima facie, property involved in documents and plaint scheduled cannot be correlated - Court below rightly held that this ambiguity can be decided only after full fledged trial and not at interlocutory stage - No..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Restraining Bank from attaching and auctioning suit property during pendency of suit - Suit for injunction and declaration - Plaintiff purchased property by payment of due consideration by registered document and is in possession of the same - It cannot be said that property..........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 39, Rule 1-- Temporary injunction - Cannot be granted merely for the reason that documents not produced by defendant which he has undertaken to produce - Order of temporary injunction can be passed only when Court is satisfied that plaintiff has made out a prima facie case and that balance of convenience is in..........

Showing : 11-20 of 98 Results