Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex-parte temporary injunction granted - Subsequently injunction application dismissed - Appeal against - Both the parties through respective counsels sought direction to the trial court to decide the suit within a particular period and further directing for maintenance status quo during pendency of the suit - In view of..........
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..........
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..........
Civil Procedure Code, 1908, Order 39.Rs.1, -- Temporary injunction - Trade mark - Prima facie opinion that a man with ordinary prudent is likely to be deceived while purchasing product as two trade marks are quite similar to each other and there is every likelihood of general public being deceived while purchasing goods of defendants - Even, there is further likelihood..........
Punjab Land Revenue Act, 1887, Section 111, 116, 117, 118, 119, 120, 121, Specific Relief Act, 1963, Section 37 -- Mode of partition - Ex-parte proceedings - Civil suit for injunction by the respondent, proceeded ex-parte - Injunction refused. Held - Civil Suit for injunction is different from partition proceedings. Injunction normally refused qua another co-sharer of a..........
Civil Procedure Code, 1908, Order 23, Rule 1, 2, 3A -- Deemed extension of ex-parte ad-interim injunction order - Nature & scope - Application for grant of interim injunction to be decided within 30 days from date an exparte injunction is granted - If not decided by Court within stipulated period, Court to record reasons for such inability - Trial Court granted ex-parte..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex-parte ad-interim injunction - Status quo - Suit for declaration of status as tenant and perpetual injunction restraining owners from interfering in peaceful possession - Application under O 39 R 1 & 2 - Trial Court refused ad-intrim injuction - Addl. Disst. Judge directed the parties to maintain status quo, without..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte temporary injunction - Application U.O.9.R.13 CPC to set aside exparte temporary injunction - Grant of ex parte temporary injunction is only an order and not a decree - O.9.R.13 CPC is not applicable to set aside such an order...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Dispute between appellant-defendant old contractor of running mine of Iron Ore and respondent-plaintiff new contractor with regard to their appointment exclusively to run the Iron Ore mine - Ex parte interim injunction to the new contractor granted earlier by the trial court vacated by it and on..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - No issue be decided as preliminary issue unless it raises a question of want of jurisdiction or bar to suit created by any law - Petitioner's objection that lst defendant-Society is not properly represented can be decided alongwith other objections - No need to decide it as a preliminary issue before going..........
