Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Status quo order - Suit for specific performance - Prima facie there is dispute qua possession of property, which can only be decided on basis of evidence which will be led by parties during trial - Question that defendant should be allowed to raise construction on disputed property will mean that a..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Restraining defendant from putting decree for possession in execution till disposal of main suit - Plaint filed by plaintiff does not reveal as to on what basis plaintiff is seeking a better title to suit property - Plaintiff himself stated that suit property is still joint between parties..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from constructing and alienating suit property - Courts below have found that plaintiff failed to make out a prima facie case - Plaintiff also failed to prove balance of convenience in his favour - No irreparable loss will be caused to him, if injunction as prayed for is not..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Co-sharers - Restraining defendants from raising construction on joint land till the same was partitioned - Construction raised by other co-sharers was never objected to by plaintiff - Plaintiffs have not been able to demonstrate that either prima facie case or balance of convenience is in their favour..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Ex parte appointment - Plaintiffs prima facie prove that defendants has illegally accessed copyright photographs and database of plaintiffs company from its website and might have transferred it to CREXi, who is the competitor of plaintiffs company - CREXi used the said copyright photographs and database..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from further alienating property to third parties pending disposal of partition suit - Property in question is ancestral property as admitted by both the parties - Defendant thus, cannot sell entire joint property unless there is specific authority conferred on him by them to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Infringement of trade mark - Descriptive words used though are different but first word TASTY being common in products of both plaintiff and defendant - Prima facie, there are certain similarities between registered trade mark of plaintiff and mark being used by defendant - Plaintiff being a prior..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Revenue entries qua tenancy of plaintiff and his payment of rent - Corrected by competent revenue authorities in favour of defendant and even appeal filed by plaintiff against order of revenue authorities has been dismissed by competent statutory appellate authority - Plaintiff cannot claim to be in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Concurrent findings of fact recorded by two Courts below that plaintiffs stand recorded as against khasra nos. mentioned in plaint, in revenue records and those entries still subsist in their favour - Since plaintiffs being record holders, prima facie case stands established and presumption of their..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Injunction from dispossession - Before plaintiff can be granted an injunction from being dispossessed he has to prima facie prove that he is in settled possession, particularly when he is seeking injunction against owners...........
