Showing : 51-60 of 99 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary Injunction - Suit for permanent injunction restraining defendants from raising construction on joint land - Defendants purchased land in 1993 - Defendant in exclusive possession of suit land - Obtained licence from competent authority for developing colony - Constructed hundreds of..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Trade and Merchandise Marks Act, 1958, Section 29, 106-- Trade mark - Passing off - Temporary injunction - Similarity - Principle of similarity not to be very rigidly applied - If it could be prima facie shown that there was a dishonest intention on the part of the defendant in passing off goods, an injunction should ordinarily follow and the mere delay..........
RAJASTHAN HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Electricity - Disconnection - Temporary injunction - Body seal and terminal of meter found to be tampered - Misuse of energy alleged - Consumption of power showing consistent use both during the pre and post period of dispute - Strong prima facie case in favour of plaintiff - Use of electricity is..........
BOMBAY HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 16(c)-- Temporary injunction - Suit for specific performance - Failure on the part of trustees to execute sale deed within time, having received almost 85 per cent of consideration amount- Cannot be viewed as a conduct of which fault or failure is attributable to the plaintiff - Plaintiffs readiness and..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Interim injunction - Sale deed executed by two brothers - Challenged by one brother after 7 years on ground of fraud & misrepresentation - Possession delivered to vendee - Mutation sanctioned in favour of vendee - The three basic ingredients for getting relief under O39 Rs 1 & 2 - Prima facie case..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Can be granted only when (i) prima facie case is made out; (ii) balance of convenience; (iii) irreparable loss and injury - Relief of temporary injunction being an equitable relief it can be granted only when plaintiff's conduct is free from blame and he approaches the court..........
MADHYA PRADESH HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Easement Act, 1882, Section 15-- Temporary injunction - Light and air - Easementary right - Windows, ventilators and skylighters in existence towards eastern side of building of plaintiff where defendant raising construction without leaving any space for light and air - Prima facie case made out - Entitlement to relief u/s 15..........
BOMBAY HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Grant of - Guiding principles - (i) prima facie case, (ii) balance of convenience and (iii) irreparable loss and/or injury if temporary injunction is refused - Injunction cannot be granted without examining the matter in detail by merely saying that prima facie case is made,..........
KERALA HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary mandatory injunction - Can be granted - Principles governing are (1) The plaintiff has a strong case for trial i.e., 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..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Partner - Restraining retired partner from using trade mark of firm - Defendant alleging no dissolution of firm in the eye of law and that he is still a partner of the firm - In the caveat filed by defendant, intimation to tax authorities and settlement of accounts, though disputed, are sufficient..........

Showing : 51-60 of 99 Results