Showing : 31-40 of 117 Results

ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Reasoning or finding recorded at the time of disposal of temporary injunction application while considering prima facie case would not act as a precedent or res judicata at the time of final disposal of suit on its merits as reasoning and conclusions are intended only for..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Prima facie case of plaintiffs not made out - Will in favour of plaintiffs on the basis of which they are claiming ownership rights of the entire property is unregistered and not admitted by defendant - Execution of Will yet to be proved - Moreso, plaintiffs himself admitted..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Suit for permanent injunction - Relief of specific performance sought by way of amendment of plaint - Principles governing applicability of S.17 of Specific Relief Act and Art.54 of Limitation Act not considered by Court - Moreover, respondents failed to demonstrate the..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Restraining defendants from alienating, transferring, making alterations/raising construction on suit property - Plaintiff failed to make out existence of prima facie case, balance of convenience and irreparable loss so as to entitle him to temporary injunction in relation..........
KARNATAKA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Restraining defendant from interfering with possession of plaintiff - Defendant claiming to be in possession of property under an unregistered agreement of sale - Said agreement of sale shall have no effect for purpose of S.53-A of T.P.Act - Plaintiff on the other hand..........
GUJARAT HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 16-- Temporary injunction - Suit for specific performance - Time essence of contract - From the date of agreement to till the date of suit, plaintiff/purchaser sat quiet without taking any steps to perform his part of contract under the agreement though agreement specified period of four months within..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Relevant consideration for grant of temporary injunction is prima facie case as to possession - At the interlocutory stage, trial Court has to depend mostly upon the documentary evidence...........
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..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 39-- Temporary injunction - Restraining defendant from raising construction in excess of his share - Land already partitioned - Prima facie, no case for interim injunction made out - Once prima facie case is not found in favour of plaintiff then it cannot be said that balance of convenience and..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 39-- Temporary injunction - Suit for declaration and interim injunction - Defendants No.1 and 2 executed sale deed in favour of defendant No.3 - Defendant Nos.1 and 2 executed registered general power of attorney on the same day in favour of one `M' - `M' executed registered sale deed in favour of..........

Showing : 31-40 of 117 Results