Showing : 31-40 of 100 Results

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..........
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..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 39-- Temporary injunction - Court is required to consider (i) whether there is a prima facie case in favour of plaintiff; (ii) whether balance of convenience is in favour of passing the order of injunction; and (iii) whether plaintiff will suffer irreparable injury if an order of injunction is not..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 39-- Temporary injunction - Injunction has to be refused even when there is prima facie case in favour of plaintiff but injury to be suffered on account of refusal of temporary injunction is not irreparable...........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 39, Rule 1-- Temporary injunction - Prima facie case - Burden of proof - Appellant tried to raise certain doubts over title of respondent No.1 - Held, to establish prima facie case burden in on appellant to establish his title and possession over property in suit - He cannot take advantage of weakness of..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Flats were sold away by appellant No 1 in 1983 - Additional FSI or facility of TDR was made available by Govt. in 1994 - Appellants prima facie did not have any right, title or interest either in said plot or on building standing on that plot - Held, if under any new scheme..........
ORISSA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Refusal to grant - Legality - Suit for declaration and permanent injunction - Plaintiff sought relief of temporary injunction - Defendant opposed said relief by producing death certificate of original owner of land and contended that sale deed executed by original owner in..........

Showing : 31-40 of 100 Results