Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining marriage by defendant No.1 with defendant No.2 - Marriage during subsistence of first marriage will be a void marriage - No irreparably injury is to be caused to plaintiff, if order of injunction is not passed - Order to maintain status quo set aside...........
Civil Procedure Code, 1908, Order 7, Rule 3, Specific Relief Act, 1963, Section 39 -- Plaint completely lacking description of suit properties so as to identify the same - Suit for mandatory injunction to remove construction alleged to have been made by defendant - However, plaint does not contain the breadth and length of the alleged construction or survey numbers, in..........
Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Temporary injunction - Suit for permanent injunction itself not maintainable - Held, application for temporary injunction also not maintainable and is liable to dismissed on that ground alone...........
Civil Procedure Code, 1908, Order 3, Rule 1, 2, Specific Relief Act, 1963, Section 39 -- Ad interim mandatory injunction - Grant of - Petitioner only sought enforcement of an obligation contained in lease agreement - There is no question of enforcement of lease deed by way of application for ad interim mandatory injunction brought by petitioner - Petitioner is running with..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Grant of - Power Grid Corporation - Erection of electric towers on private property - Held, electricity is necessary for national development as well as for welfare of citizens - This can happen only if electricity generated at one part is transmitted to that part where it is needed - Transmission is..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1,2 -- Interim injunction - Implementation - Police help - Court has got ample power to enforce its order - Trial Court can issue appropriate direction or order to local authorities and administration to ensure compliance of injunction granted by it in pursuance to inherent power conferred by S.151 of the Code and it..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Injunction order - Non-compliance - Trial Court has ample power to enforce its order by issuing appropriate direction to the district authorities - Needless to say that in case the district authorities do not implement the order passed by trial court, the latter has ample power to refer the matter to High Court..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Prima facie case - Burden of proof - Appellant tried to raise certain doubts over title of respondent No.1 - Held, to establish prima facie case burden in on appellant to establish his title and possession over property in suit - He cannot take advantage of weakness of respondent's title...........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Balance of convenience - Respondent No.1 has purchased a land comprising of area of 62376 sq.metres and after getting a plan sanctioned from Agra Development Authority started developing a residential colony thereon - Appellant has alleged in plaint that he had purchased an area of 2977 sq.metres -..........
Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Ad Interim injunction - To grant interim injunction Court is required to consider three basic principles (a) prima facie case, (b) balance of convenience and inconvenience and (c) irreparable loss and injury - In addition to these three basic principles Court must also take into consideration the conduct of parties - Court..........
