Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Encroachment - Removal - Plaintiff directed to remove his encroachment from disputed land in ejectment proceedings - Appeal not preferred against such an order - Plaintiff failed to prove prima facie case - Injury likely to be caused by ejectment of plaintiff was taken care of by State by offering..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff - company seeking permanent injunction restraining defendants from bidding for any contract for supply or maintenance of terminal loading automation systems with any of Oil Companies in India - Secrecy agreement between Plaintiff/defendant - Floating of new company by defendant - Defendant..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Grant of - Guiding principles - (i) prima facie case, (ii) balance of convenience and (iii) irreparable loss and/or injury if temporary injunction is refused - Injunction cannot be granted without examining the matter in detail by merely saying that prima facie case is made, apart from stating that..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Bank Guarantee - Restrain order sought - Courts should not interfere in encasement of bank guarantees and letters of credit except when case of patent fraud is made out - Agreement for supply of goods - Allegations of plaintiff/purchaser that material supplied was defective - Dispute regarding quality of goods cannot ipso..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Can be granted - Principles governing are (1) The plaintiff has a strong case for trial i.e., a higher standard than a prima facie case that is normally required for a prohibitory injunction; (2) It is necessary to prevent irreparable or serious injury which normally cannot be compensated..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Partner - Restraining retired partner from using trade mark of firm - Defendant alleging no dissolution of firm in the eye of law and that he is still a partner of the firm - In the caveat filed by defendant, intimation to tax authorities and settlement of accounts, though disputed, are sufficient for decision of temporary..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Agreement to sell - Suit for specific performance - Restraint order from interference with possession sought - Agreement denied by vendor - Vendor alleged possession of another vendee under registered sale deed - Plaintiff admittedly in possession - Plaintiff having prima facie case on raising a..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Plaintiff not in possession - No prima facie case - Plaintiff had not acquired any right to seek relief of injunction against the true owner - Injunction rightly refused...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Exparte temporary injunction - Effect of it on public purpose must be considered - Undertaking must be obtained from party to compensate for injury or loss caused by injunction - Even when injunction is granted exparte, adherence to requisite legal norms like finding of prima facie case, balance of convenience and..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - In order to get temporary injunction plaintiff has to establish (i) a `prima facie' case; (ii) `balance of convenience'; and (iii) irreparable loss, if the injunction is refused...........
