Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Ad interim injunction - Equitable relief - Cannot be granted to protect the wrongful act of plaintiff...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Railways Act, 1989, Section 143, 146, 80(G), Railway Travellers Service Agent Rules, 1985, Rule 2, 5 -- Writ petition seeking mandatory interim order permitting writ petitioner to run business as a railway travel agent - Agent had not applied for agency when advertised by Railways - Procedure for issue of license not..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - No documentary evidence of possession and use and occupation of disputed land since last 30 years - Concurrent finding of fact - Injunction rightly refused by Courts below...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Respondent being in possession of half of area under mining licence, not entitled to claim possession over entire area - No prima facie case - Order granting temporary injunction set aside...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 6, Rule 1, 2, Specific Relief Act, 1963, Section 37, 38, 39 -- Practice and procedure - Injunction - Grant of - Clarity in pleadings - Held, it is one of fundamental principles of jurisprudence that litigants must observe total clarity and candour in their pleadings and especially when it..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Restraining forcible dispossession and restraining alienation to anybody else - Agreement to sell registered - Court at this stage cannot proceed with the assumption that agreement to sell is a result of fraud - Order of ad interim injunction granted by trial Court..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Defendant No.5 has been presumed to have been sufficiently served - Trial Court by an ex parte order restrained defendant Nos.1 to 4 from delivering possession of suit property to defendant Nos.5 and 6 - Appeal by defendant No.5 against said order - Distt. Judge held that service on defendant No.5 was..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - If grant of ad interim injunction would amount to grant of all reliefs prayed for and amounts to a sort of pre-trial decree without an opportunity to the opponent, it cannot be granted...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Single Judge exercised discretion which was not arbitrary, capricious or perverse - Cannot be interfered with by the Division Bench...........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Refusal to grant - No prima facie case made out by appellants - Appellants are in possession of disputed property - Committed breach of trust of N.I.T. and public at large and in particular the poor passengers, patients and relatives for many years - Held, balance of convenience cannot lie in favour of..........
