Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 8, Rule 6-A -- Ad interim injunction - Defendant who has filed counter claim can seek temporary injunction as counter claim has to be treated as an independent suit which could be filed even on different cause of action...........
Civil Procedure Code, 1908, Order 8, Rule 6-A, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Can be granted in favour of defendant who has filed counter claim...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 8, Rule 6-A -- Ad interim injunction - Defendant who filed counter claim seeking ad interim mandatory injunction - Counter claim filed by defendant is to be treated as an independent suit - Ad interim mandatory injunction granted in favour of defendant - While granting ad interim injunction..........
M P Municipal Corporation Act, 1956, Section 307(5) -- Construction of building in contravention of the provisions of the Act - Municipal Corporation or any person residing within the area of Corporation can move to the District Court for an injunction for removal of alteration of the building - Locus standi is not restricted to the person affected by the violation of..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Injunction - Disobedience or breach - Jurisdiction - A subsequent decision that the Court had no jurisdiction to entertain the suit does not render interim orders passed earlier non est or without jurisdiction - A party committing breach of such orders cannot escape the consequences of such disobedience and violation..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for specific performance - Restraining defendant from alienating the suit property except the plaintiff and from dispossessing plaintiff from the suit land - Held, no consideration or lesser consideration is no ground to reject the suit for specific performance - Plea of limitation is to be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Exparte ad interim injunction - Police protection cannot be provided to enforce an exparte ad interim injunction - However, a final order passed U.O.39.Rr.1, 2 CPC can be enforced with the assistance of the police...........
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 favour - Plea that..........
Civil Procedure Code, 1908, Section 100 -- Plaintiff filed suit for permanent injunction against Gram Panchayat asserting his possession over suit land - Defendant took objection of lack of jurisdiction alleging that property is evacuee property vesting with custodian - Held, once the evacuee property stood vested in custodian, jurisdiction of Civil Court is barred...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Stay of dispossession of defendant by plaintiff cannot be granted in a suit filed by plaintiff - Stay which can be granted on an application filed by a party to the suit is restricted to preventing the wasting, damaging, alienation, sale and removal of property...........
