Civil Procedure Code, 1908, Order 21, Rule 32 -- Prohibitory injunction - Execution - Trees cut and removed in violation of decree - There can be no enforcement of the decree in the literal sense - Executing Court can fix the compensation, attach the property and keep it pending for six months enabling the J.D. who has violated the decree to pay off the amount and sell the..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Violation of - Police help for implementation of order - Jurisdiction of trial Court to pass order - Trial Court granted ad interim injunction restraining defendants from interfering in the possession of the plaintiffs - Applications for providing police help for serving and harvesting..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Dispossession during pendency of injunction order - Restoration of possession - A party dispossessed in violation of order of injunction or stay order or acting in violation of said order - Court can by exercise of its inherent power put back the parties in the same position as they stood prior to the issuance..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Violation of stay order - Exercise of inherent power - Parties to suit violating order of injunction or stay order or act in violation of said order - Court in exercise of its inherent powers can put back the parties to the same position as they stood prior to issuance of injunction order - Appropriate..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Violation of injunction order - Restoration of possession - Party to suit in utter violation of injunction order dispossess the other - Court can order restoration of possession to party wronged...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Installation and running of stone crusher - Public nuisance - Health hazard - Nearness to abadi - Violation of norms- Suit for permanent injunction alongwith application for interim injunction restraining defendants for installing any machinery for running and working of stone crusher - Defendants claiming installation in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Construction is violation of statutory provisions - Defendant has no right to raise construction which is violative of statutory provisions - Defendant can raise construction only on getting a no objection certificate from concerned authorities that construction raised by him is not violative of..........
Specific Relief Act, 1963, Section 19 -- Suit for specific performance - Injunction regarding sale of suit property - Sale in violation of injunction order - Court shall treat such alienation as having not taken place at all - Purchaser cannot raise any defence on the basis of sale in his favour. Transfer of Property Act, 1882, Sec. 52...........
Civil Procedure Code, 1908, Order 23, Rule 1, 2, 2A -- Sale in violation of injunction order - Not a nullity - Prohibitory injunction does not invalidate an alienation in breach of such order - Sale in violation of injunction order is not void, but voidable at the option of affected parties to the proceedings - Such sale hit by doctrine of lis pendence and does not confer..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Implementation - Police protection - Though plaintiff is entitled to initiate proceedings U.O.39.R.2-A in the event of violation of order of temporary injunction even then Court is under an obligation to accord necessary protection - By ordering police protection Court is not extending..........
