Showing : 51-60 of 106 Results

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..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Besides consideration of basic elements, Court must consider conduct of parties - While considering an application for grant of injunction, the Court will not only take into consideration the basis elements in relation thereto, viz. existence of a prima facie case, balance..........
CALCUTTA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Prima facie case - Does not mean an iron cast case with cent per cent chances of success - Injunction is to be granted where serious question is to be tried - Denial of interim relief to cause prejudice to plaintiff who will suffer penalties imposed by apparently illegal..........
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..........

Showing : 51-60 of 106 Results