Civil Procedure Code, 1908, Order 8, Rule 6-A, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Can be granted in favour of defendant who has filed counter claim...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 8, Rule 6-A -- Ad interim injunction - Defendant who filed counter claim seeking ad interim mandatory injunction - Counter claim filed by defendant is to be treated as an independent suit - Ad interim mandatory injunction granted in favour of defendant - While granting ad interim injunction..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Injunction - Disobedience or breach - Jurisdiction - A subsequent decision that the Court had no jurisdiction to entertain the suit does not render interim orders passed earlier non est or without jurisdiction - A party committing breach of such orders cannot escape the consequences of such disobedience and violation..........
Civil Procedure Code, 1908, Section 94(c), Order 39, Rule 2-A, Contempt of Courts Act, 1971, Section 12, 2(b) -- Order prohibiting creating any interest in favour of third party either by sale, mortgage, transfer, assignment, gift or 'in any other manner whatsoever' - Held, entering into an agreement or acceptance of full or even part consideration is hit by said order and..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for specific performance - Restraining defendant from alienating the suit property except the plaintiff and from dispossessing plaintiff from the suit land - Held, no consideration or lesser consideration is no ground to reject the suit for specific performance - Plea of limitation is to be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Infringement of copyright of unauthorized software - Application for appointment of local Commissioner - Rejection of - As per records, plaintiff had only granted a single license which was being used for 30 computers and 50 animators - It could not be said that plaintiff did not have strong prima facie case - Issuance of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Exparte ad interim injunction - Police protection cannot be provided to enforce an exparte ad interim injunction - However, a final order passed U.O.39.Rr.1, 2 CPC can be enforced with the assistance of the police...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from alienating suit property or creating any charge over the same - Sale of property by father of ancestral property alleged to be without consideration and legal necessity - Vendee put in possession of suit property on the day sale was executed in his favour - Plea that..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Stay of dispossession of defendant by plaintiff cannot be granted in a suit filed by plaintiff - Stay which can be granted on an application filed by a party to the suit is restricted to preventing the wasting, damaging, alienation, sale and removal of property...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Stay of dispossession of defendant by plaintiff cannot be granted in a suit filed by plaintiff U.O.39.Rr.1, 2 - Held, Court cannot grant injunction by taking recourse to S.151 CPC when application is not maintainable U.O.39.Rr.1, 2 CPC...........
