Showing : 61-70 of 100 Results

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..........
RAJASTHAN HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Agreement to sell - Suit for specific performance - Restraint order from interference with possession sought - Agreement denied by vendor - Vendor alleged possession of another vendee under registered sale deed - Plaintiff admittedly in possession - Plaintiff having prima..........
RAJASTHAN HIGH COURT
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Suit for specific performance - Plaintiff not in possession - No prima facie case - Plaintiff had not acquired any right to seek relief of injunction against the true owner - Injunction rightly refused...........
KARNATAKA HIGH COURT
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Exparte temporary injunction - Effect of it on public purpose must be considered - Undertaking must be obtained from party to compensate for injury or loss caused by injunction - Even when injunction is granted exparte, adherence to requisite legal norms like finding of prima facie case, balance..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Tenant - A tenant in possession has a prima facie case to protect his possession and tenancy rights...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Person seeking injunction must prove prima facie case, balance of convenience and that he would suffer an irreparable injury if injunction is not granted in his favour - All these three ingredients should co-exist before a relief of temporary injunction can be allowed...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Petitioners allowed to occupy temporary sheds as make shift shops till the construction of alternative shopping complex - Petitioners applied for allotment and undertook to abide by the conditions including vacation of the make-shift space on completion of new shopping..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Party seeking injunction must have a prima facie case to succeed - Once the possession of the plaintiff over the land in question is established, the balance of convenience will automatically go in his favour and he will suffer an irreparable injury if the injunction is not..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - There must be proof of prima facie case, balance of convenience and if injunction not granted there will be irreparable loss - In case of failure of any of these requirements, temporary injunction cannot be granted...........
ORISSA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Three tests are (i) Prima facie case (ii) Balance of convenience (iii) Irreparably injury - If one of such tests is not satisfied, Court is well within its jurisdiction to refuse injunction...........

Showing : 61-70 of 100 Results