Civil Procedure Code, 1908, Order 39, Rule 3, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Ad interim injunction - Order to issue notice to the opposite party - Order is not appealable...........
Civil Procedure Code, 1908, Order 39, Rule 3 -- Ad interim injunction - Order to issue notice to the opposite party - Mandate of O.39.R.3 is issuance of notice unless Court records reasons for coming to the conclusion that object of ranting injunction would be defeated - No illegality committed in order to issue notice to the opposite party - Order impugned not..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3 -- Ad interim injunction - Notice - Issuance of notice is a rule and grant of an ex parte injunction order an exception - Wherever Court chooses to follow exception, it has to necessarily comply with the mandatory requirement of recording reasons for its option that object of granting injunction would be defeated by delay...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Cannot be passed against unknown persons - O.39 CPC confers powers to the Courts to issue injunctions only against `the defendants' and not against `a defendant'...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - Where ex parte ad interim injunction is granted, opposite party against whom an order of injunction is passed is required to be served with the copy of order along with other relevant documents on same day or next day and plaintiff has to file such an affidavit of compliance in the Court...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Infringement of Trademark - Injunction cannot be passed against unknown defendants/infringers - However, this does not mean that plaintiffs are remediless against unknown infringers in case of mass infringement of trademark - Remedy is available in Trademark Act itself by way of criminal complaint..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Ad interim injunction - Violation - Police aid - Despite injunction order defendant illegally trying to interfere and threatening to dispossess - Police aid is to be granted - Police aid cannot be denied on the ground that wife of defendant filed another suit and obtained ex parte ad interim order...........
Constitution of India, 1950, Article 226 -- Tender - Writ petition - Initially the validity of the bid was 180 days and thereafter, ad-interim order was passed by the Court with the consent of the petitioner and the validity of the bid was extended - Since, ad-interim order was passed with the consent of the petitioner, therefore it is not open for the petitioner to plead..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Cannot be granted automatically on ground of weakness in case of defendant - Plaintiff is required to establish prima facie case and balance of convenience in his favour and that he will suffer irreparable loss if injunction is refused...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining Municipal Corporation from demolition of suit structure - Plaintiff produced documentary evidence to prove authenticity of structure - However, trial Court did not properly consider documents produced on record and refused to grant injunction on the ground that plaintiff has no locus..........
