Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 16(c) -- Temporary injunction - Suit for specific performance - Failure on the part of trustees to execute sale deed within time, having received almost 85 per cent of consideration amount- Cannot be viewed as a conduct of which fault or failure is attributable to the plaintiff - Plaintiffs..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interlocutory orders - Operate during pendency of suit - Interlocutory orders do not operate after the suit is decided...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Injunction - If the final order of Court is disobeyed then plaintiff can initiate proceedings under Contempt of Courts Act but not U.O.39.R.2-A of CPC...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Action under Order 39, Rule 2A can be taken only when there has been a breach of an order of interim injunction passed under Order 39, Rule 1 or 2 of the Civil Procedure Code...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Action under Rule 2A of Order 39 of the Civil Procedure Code is penal in nature - Penal provision must be strictly construed and benefit of doubt must go to the offender...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Suit disposed of in view of statement of Corporation that building will not be demolished except by due process of law by issuance of necessary notice - Building demolished in violation of undertaking given - Held, appropriate remedy available is under Contempt of Courts Act and not U.O.39.R.2-A - Punishment U.O.39.R.2-A..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Plaintiff recorded owners in possession in revenue records - Shown in cultivating possession of suit land as co-sharer in Khasra Girdwari -Defendants did not produced any document on record showing them in cultivating possession - Rightly restrained from interferring into peaceful possession of plaintiff by Lower Appellate..........
Civil Procedure Code, 1908, Section 9, Order 39, Rule 1, 2 -- Interim Injunction - Bar of jurisdiction of Civil Courts - Plaintiff secured loan by hypothecation and charge from the Financial Institution - Financial Institution issued notice for enforcement of obligation - Plaintiff filed suit for mandatary injunction - Application for interim injunction also filed -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction against the order passed by Tribunal - Normally not to be granted except in case of fraud or existence of some vitiating factor is established or prima facie a case is made out for grant of injunction - Injunction to be granted only in exceptional circumstances...........
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..........
