Civil Procedure Code, 1908, Section 148A, Order 39, Rule 4 -- Vacation of ad interim injunction - Court while considering application for vacation of order of temporary injunction U.O.39.R.4 CPC or any other provision, cannot ignore mandate of S.148-A CPC...........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Ad interim injunction - Vacation of - Claim of a lessee or tenant - No rent or lease agreement nor rent receipt produced - Prima facie possession of plaintiff over suit property not made out - Balance of convenience also lies in favour of defendant - Greater inconvenience would be caused to defendant if ad interim injunction..........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Ex parte ad interim injunction - Vacation of - Plaintiff nowhere shown to be in possession of any portion of suit property much less exclusive possession of property - No doubt, plaintiff relies on a conveyance deed and mutation of property, however, it is not apparent how he could have claimed that conveyance in respect of..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Interim injunction - Suit for recovery - Interim protection granted in 2006 by Division Bench in force till date - Said order was not challenged - After lapse of 11 years, vacation of injunction order sought on ground that suit is for recovery of damages - Said submission is unsustainable - Interim order passed by Division..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2, 4 -- Interim injunction - Once application U.O.39.Rr.1 & 2 CPC filed by plaintiff and application U.O.39.R.4 CPC filed by defendant are disposed of by speaking order on merits in presence of parties, prayer in the fresh application for vacation of an order by way of modification cannot be granted...........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Ex parte ad interim injunction - Vacation of - Infringement of trade mark - Plaintiff has been prima facie guilty of suppression and concealment of material facts - Even on merits, plaintiff does not have a prima facie case - Both plaintiff as well as defendants are operating in their own spheres - There is no likelihood of..........
Civil Procedure Code, 1908, Order 39, Rule 4, Trade Marks Act, 1999, Section 28(3) -- Ex parte ad interim injunction - Vacation of - Infringement of trade mark - If an action for violation or infringement of trade mark is brought about by party against another person or a defendant claiming infringement whose trade mark is also registered though in different class such an..........
Consumer Protection Act, 1986, Section 13(3 -- B) - Maharashtra Ownership of Flat Act, 1963, Section 9 - Maharashtra Ownership of Flat Rules, 1964, Rule 9 Housing - Building - Completion certificate - Conveyance deed - Execution of - Sanction plan - Revision of - Construction activities - Restraint order - Interim order - Vacation of - Revision - District Forum has only..........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Vacation of ad interim injunction - Notice of application U.O.39.R.4 not issued to plaintiff so as to get its response thereon - Ad interim injunction vacated as plaintiff found to be have made a false or misleading statement in relation to a material particular - Held, in case plaintiff had knowingly made false or misleading..........
Constitution of India, 1950, Article 226 -- Writ petition - Exparte ad interim injunction - Court should not grant interim orders in a mechanical manner, on the assumption that the aggrieved party can always seek vacation - Grant of ex parte interim orders, that too mandatory orders, routinely or merely for the asking, on ground of sympathy or otherwise, will interfere..........
