Civil Procedure Code, 1908, Section 148A -- Caveat - Ad interim injunction granted without affording an opportunity of hearing to the caveator due to negligence on the part of Court officials as caveat was not reported - Order is liable to be recalled and caveator is entitled to be restored to the position of hearing of application afresh, on the principle that an act of..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Police assistance to implement order - Application dismissed and stay vacated by holding that at the time of grant of ad interim injunction plaintiff failed to apprise Court with regard to filing of caveat by defendant - Impugned order set aside - Matter remitted for decision afresh...........
Agreement to sell -- Specific performance - Subsequent purchaser - Plea of bonafide purchaser - Subsequent purchaser only denied the agreement between vendors and plaintiff - No witness is examined on his behalf - Facts on record disclose that vendors made conscious efforts to ensure that plaintiff did not obtain an order of injunction against them by fling caveat -..........
Civil Procedure Code, 1908, Section 148A, Order 39, Rule 1, 2 -- Caveat - Ex parte ad interim injunction order - Caveat lodged by defendants was overlooked while passing ex parte ad interim injunction order - Ex parte ad interim injunction order is liable to be set aside with direction to Trial Court that application filed by plaintiff for grant of interim injunction shall..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Partner - Restraining retired partner from using trade mark of firm - Defendant alleging no dissolution of firm in the eye of law and that he is still a partner of the firm - In the caveat filed by defendant, intimation to tax authorities and settlement of accounts, though disputed, are sufficient for decision of temporary..........
Civil Procedure Code, 1908, Section 148A, 115, Order 39, Rule 1, 2 - - Caveat filed by defendant but trial Court passed ex parte order and defendant restrained from interfering with plaintiffs possession over suit land - Plea that where a caveat is filed, Court cannot proceed with the matter unless caveator is given notice and opportunity to be heard and since Court passed..........
Civil Procedure Code, 1908, Section 148A(1), Order 39, Rule 1, 2, 3 -- Party lodging caveat under Section 148-A(1) - Court to serve notice of application for injunction to caveator - Court has no jurisdiction to grant ex parte injunction order unless conditions prescribed therein are complied with - In view of provisions of O.39.R.3 and Section 148-A which make a mandatory..........
Civil Procedure Code, 1908, Section 148A, 151, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r), Constitution of India, 1950, Article 227 -- Writ petition against order granting exparte and interim injunction - Can be entertained but only under special circumstances - In the instant case, inspite of lodging of caveat, Court granted exparte ad interim..........
Civil Procedure Code, 1908, Section 148, Order 39, Rule 1, 2 -- A - Inspite of lodging of caveat, Court granting exparte ad interim injunction without issuing notice to caveator - Such order of ad interim injunction is without jurisdiction...........
