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 consequences are such that the..........
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 suit is such that the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Observations made by Court while disposing of application for ad-interim injunction - Cannot be considered as conclusive findings on the facts and circumstances of the case - The same would necessarily have to be adjudicated upon merits after trial of the suit...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Observations made by trial Court and lower Appellate Court while disposing of application for ad interim injunction under Order 39 Rules 1 and 2 read with Section 151 - Cannot be considered as conclusive findings on facts and circumstances of the case - Findings would necessarily have to be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Punjab Village Common Lands (Regulation) Rules, 1964, R.6(2) - Injunction - Lease of Shamlat Land - No approval of lease for a period of more than two years by the Director Panchayats - Khasra numbers not mentioned in the lease - No proper lease - Lessee cannot be presumed to be in possession - No prima facie case for..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction in a suit for permanent injunction to restrain Gram Panchayat from interfering in possession of land taken on lease granted by B.D.&P.O. for manufacturing bricks, making payment of Chakota and lease money to Gram Panchayat - B.D.& P.O. not competent to auction land of Gram Panchayat as permission of..........
Civil Procedure Code, 1908, Section 10, Order 39, Rule 1, 2 -- Temporary injunction - Order can be passed by Court after staying trial of suit u/s 10 CPC...........
Civil Procedure Code, 1908, Section 10, Order 2, Rule 2 -- Stay of suit - Provisions of O.2.R.2 do not in any manner circumscribe or limit the operation of S.10 CPC...........
Chandigarh Lease Hold of Site and Building Rules, 1973, Rule 10, 4, Capital of Punjab (Development and Regulation) Act, 1952, Section 3, 2(b) -- Fully developed land/sites - Authorities under no obligation to auction fully developed sites - Plea that possession of sites cannot be treated to have been legally transferred until all the amenities made available - Not tenable..........
Stamp Act, 1899, Section 2(22), 2(23), Civil Procedure Code, 1908, Section 115 -- Trial Court holding the document to be a receipt and not a pronote - Revision against - Not maintainable...........
