Civil Procedure Code, 1908, Order 39, Rule 2-A -- Injunction - If the final order of Court is disobeyed then plaintiff can initiate proceedings under Contempt of Courts Act but not U.O.39.R.2-A of CPC...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Action under Order 39, Rule 2A can be taken only when there has been a breach of an order of interim injunction passed under Order 39, Rule 1 or 2 of the Civil Procedure Code...........
Agreement to sell -- Advance taken through cheques - Further amount of advance also taken - Property sold to someone else and misappropriation of amount of advance - Civil suit for permanent injunction pending - FIR u/ss 120-B, 406 & 420 IPC - Petition for quashing of FIR - Held, quashing of criminal proceedings should be exercised very sparingly and with circumspection..........
Civil Procedure Code, 1908, Section 9, Order 39, Rule 1, 2 -- Interim Injunction - Bar of jurisdiction of Civil Courts - Plaintiff secured loan by hypothecation and charge from the Financial Institution - Financial Institution issued notice for enforcement of obligation - Plaintiff filed suit for mandatary injunction - Application for interim injunction also filed -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction against the order passed by Tribunal - Normally not to be granted except in case of fraud or existence of some vitiating factor is established or prima facie a case is made out for grant of injunction - Injunction to be granted only in exceptional circumstances...........
Partnership Act, 1932, Section 69(3), Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Shop - Possession of firm that of a licensee - One of the partners of dissolved firm seeking possession of shop on basis of clause in partnership deed that in case of dissolution or discontinuation of business of firm the premises shall vest in him - Held, suit is..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Installation and running of stone crusher - Public nuisance - Health hazard - Nearness to abadi - Violation of norms- Suit for permanent injunction alongwith application for interim injunction restraining defendants for installing any machinery for running and working of stone crusher - Defendants claiming installation in..........
Civil Procedure Code, 1908, Section 47, Specific Relief Act, 1963, Section 28 -- Objection as to rescinding of Contract and/or benefit of construction - Decree for possession by way of specific performance upheld uptill High Court - Fresh construction raised by JD during execution of decree - Suit for permanent injunction by DH restraining JD from raising construction -..........
Medical service -- Medical Negligence - Res Ipsa Loquitur - Ayurvedic doctor - Not qualified to administer any allopathic treatment - Administering injunction causing penetrating injury resulting in interruption of blood supply leading to gas gangrene - Principle "Res Ipsa Loquitur" applied - Order awarding compensation of Rs.50,000/- upheld...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Suit for permanent injunction - Application u/o 39 R 1 & 2 for interim injunction - Declined by Trial Court - First Appellate Court, disposed of appeal & main suit in terms of statement made by plaintiff - Decree sheet drawn up. Held - Order of First Appellate Court not an order simplicitor permitting withdrawal of appeal...........
