Anti-suit injunction -- Anti suit injunction is instituted to prevent opposite party from instituting or continuing with proceedings in another Court in domestic or foreign country - Anti suit injunction is a species of injunction...........
Family Courts Act, 1984, Section 7(1) -- Explanation (d) - Anti-suit injunction - To prevent opposite party from instituting or continuing with the proceedings in another Court in domestic or foreign country - Anti suit injunction is maintainable in view of power to grant injunction in matrimonial disputes by Family Court - This power is traceable to S.7(1) Explanation (d)..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent and mandatory injunction in representative capacity for causing public nuisance - Applicant is son of plaintiff no.2 - He is sharing common interest and title with his father in suit property - Applicant is thus, necessary and proper party to suit - Applicant rightly impleaded as..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration and permanent injunction - Petitioners sought their impleadment in suit as plaintiffs at the fag end of trial - They may have an independent right of being occupants or tenants but they have to plead and lead cogent evidence to prove the same - Petitioners cannot derive any..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining further construction and not to create third party right - Suit for possession on basis of title - Construction was already been made on suit property - Suit is still pending and it is yet to be decided as to whether plaintiffs are entitled to possession of land in question based upon..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent prohibitory injunction - Plaintiff filed a simpliciter suit for injunction and no relief has been sought against petitioner - Nothing brought on record by petitioners that he is necessary or proper party to suit and in his absence no effective decree could be passed at..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Police aid - Violation of ex parte injunction order - Court cannot straight away order police aid without disposing of interim injunction petition because granting police aid to implement an ex parte injunction order may cause prejudice and hardship to opposite party, without hearing him - Party can take..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Purpose of an interim injunction is to preserve the property in dispute pending suit, where property is in danger of being wasted, damaged or alienated by any party to the suit, or where defendants threaten to dispossess plaintiff, or otherwise cause injury to plaintiff, in relation to suit property...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - When trial Court having heard the matter deems it appropriate to hear opposite party before considering grant of an interim injunction, brief reasons should be recorded for denying ex parte relief at that stage...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Restraining co-sharer from raising any construction on the valuable and specific portion of suit land - Suit for partition pending in between parties - A co-sharer has no right to change nature of property till its partition takes place - However, there cannot be any bar either in law or..........
