Civil Procedure Code, 1908, Order 39, Rule 2-A -- Breach of injunction - Exercise of power U.O.39.R.2-A CPC is punitive in nature, akin to the power to punish for civil contempt under the Contempt of Courts Act, 1971 - It has to be proved that there was an order of injunction with a direction to do or desist from doing some specific thing or act - It has to be proved that..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Three important ingredients for grant of temporary injunction are : (i) Prima facie case (ii) irreparable loss and (iii) the balance of convenience - Court has to scrutinize the case of plaintiff on the three touchstones for granting temporary injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 20 -- Injunction to restrain defendant from interfering with possession - Possession of plaintiff on basis of leave and licence agreement - On expiry of licence period, possession of plaintiff is that of a trespasser - Plea that there is irrevocable licence and therefore specific..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from obstruction made by them - Plaintiff prima facie established his right in the property whereas defendants have non - Defendant parking their vehicles in the suit property but had no right to object to the construction made by plaintiff - Plaintiff will suffer irreparable..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Delay and laches - Defendants filed two suits and plaintiff strongly contested both the suits - Plaintiff did not feel it necessary to file the suit until plaintiff found that his possession was frequently disturbed - Defendant also filed an injunction application against plaintiff which was pending..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Refusal - Appeal - Appellate Court is not supposed to interfere with the discretion exercised by trial Court - Trial Court itself held that plaintiff has prima facie case but declined injunction on ground of delay and laches - There was no delay or laches - Interference with such order is..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Police aid - Obedience of order of injunction - In a fit case court can grant police aid as a preventive measure for ensuring obedience of order of injunction instead of waiting till injunction is breached, even though action can be taken against the party flouting the order under Order 39 Rule 2-A..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for mandatory injunction - Trench/khai alleged to be dug up near/adjacent to the northern wall - Amendment sought that it was towards eastern wall - It was a typographical mistake - Suit fixed for filing replication and framing of issues - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for mandatory injunction - Amendment sought to claim relief of damages as due to digging up trench/Khai cracks have appeared on the wall - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Sought to change description of suit property in a suit for permanent injunction - Can be allowed at any stage before judgment is pronounced - No valuable right accrues to the defendant due to boundary description and there is no admission which is sought to be taken away - Order allowing amendment,..........
