Showing : 71-80 of 98 Results

SUPREME COURT OF INDIA
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Considerations which ought to weigh with the Court (i) Extent of damages being an adequate remedy; (ii) Protect the plaintiff's interest for violation of his rights though however having regard to the injury that may be suffered by the defendants by reason therefor; (iii)..........
ALLAHABAD HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Suit or partition of joint properties and for permanent injunction - Defendant pleading partition by relying on family settlement and the execution of the document dated 16.4.1990 - Plaintiff denying partition by family settlement or execution of document - Real issues..........
DELHI HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 14-- Interim injunction - Principles for grant of interim injunction are prima facie case, balance of convenience and irreparable injury if injunction is not granted - If the plaintiff can adequately be compensated for the loss caused to him by way of damages in the event of success of suit or any..........
RAJASTHAN HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Electricity - Injunction sought for securing continuous, uninterrupted and equitable supply of electricity - Ample remedies available for redressal in case of unreasonable disruption of electric supply - If there is dissatisfaction of quality of service rendered by Board,..........
DELHI HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Suit for specific performance - Restraining defendants from selling, transferring or alienating suit land till further orders - Prima facie case, irreparable injury and balance of convenience in favour of the plaintiff - Plaintiff however burdened with the condition of..........
SUPREME COURT OF INDIA
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Interference by appellate Court - Where the trial Court has not recorded its prima facie satisfaction on merits and granted the temporary injunction the appellate Court is justified in upsetting the order under appeal even without going into the merits of the case - In a..........
KARNATAKA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Before granting temporary injunction Court has to examine whether the person claiming temporary injunction has made out a prima facie case and whether the balance of convenience lies in his favour - Court also has to look into if injunction is not granted whether the..........
KARNATAKA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Prima facie case is not to be confused with prima facie title - Prima facie case means a case which cannot be thrown out on technicalities such as the suit barred by limitation or the like - If the suit cannot be thrown out on technical grounds as not maintainable and if the..........
RAJASTHAN HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Claim based on property alleged to be joint family property - Parties Muslims - Concept of joint family property alien to Muslim Law - Defendants admittedly in possession - No prima facie case for restraining defendants from putting up construction - Injunction declined...........
ORISSA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Prima facie case in favour of plaintiff - But irreparable loss and balance of convenience in favour of defendant - Injunction cannot be granted...........

Showing : 71-80 of 98 Results