Showing : 41-50 of 98 Results

BOMBAY HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 39, Rule 1-- Temporary injunction - Refusal to grant - No prima facie case made out by appellants - Appellants are in possession of disputed property - Committed breach of trust of N.I.T. and public at large and in particular the poor passengers, patients and relatives for many years - Held, balance of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Illegal possession - Whether an illegal possession of a person could be protected by grant of injunction under the Code? - Held, certainly not - In present case, status of respondent is not better than that of a trespasser - As such, he cannot be allowed to stay over the..........
UTTARAKHAND HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Grant of - Admitted case of appellants that they have already dismantled certain constructions as per suggestions of Advocate Commissioner by this Court - Trial Court had also made spot inspection and Court itself found that defendant-appellants had raised certain..........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Failure to establish ownership - Only on the basis of possession on public land plaintiff cannot claim prima facie case in his favour nor balance of convenience is in his favour as land in dispute is for use of public - Temporary injunction declined - Order upheld...........
CHHATTISGARH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Suit for specific performance - Restraining defendant from interfering in possession and alienating the suit property - Agreement to sell categorically denied - Court erred while holding prima facie case in favour of plaintiff - Failure to establish all the three ingredients..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Failure to prove prima facie case - Interim injunction cannot be granted even if balance of convenience is in his favour or that he will suffer irreparable loss and injury if injunction is not granted...........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Plaintiff claiming to be in possession and claiming obstruction - To claim his possession plaintiff relying on revenue record - Plaintiff's silence as to agreement of sale and Power of attorney relating to suit property speaks in volumes - Claim of defendant as to possession..........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Three important ingredients for grant of temporary injunction are : (i) Prima facie case (ii) irreparable loss and (iii) the balance of convenience - Court has to scrutinize the case of plaintiff on the three touchstones for granting temporary injunction...........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Refusal - Appeal - Appellate Court is not supposed to interfere with the discretion exercised by trial Court - Trial Court itself held that plaintiff has prima facie case but declined injunction on ground of delay and laches - There was no delay or laches - Interference with..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Restraining defendant from alienating suit property or creating any charge over the same - Sale of property by father of ancestral property alleged to be without consideration and legal necessity - Vendee put in possession of suit property on the day sale was executed in his..........

Showing : 41-50 of 98 Results