Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Application rejected - Even then plaintiff can move fresh application u/s 151 CPC with a distinction that in case temporary injunction is granted under O.39.Rr.1, 2 then Misc. appeal is maintainable under O.43.R.1 but if an injunction is granted under S.151 then no Misc. appeal is..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Implementation - Police aid - In a fit case Court can direct police aid as a preventive measure - This power though not expressly conferred, is a power incidental or ancillary to the exercise of the power to grant injunction pending the suit...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Exparte ad interim injunction - Right to appeal is provided to the aggrieved party - If no appeal could be filed against the order passed revision is available - Availability of an alternative remedy i.e. opportunity to contest the matter in the lower Court is..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 33, Rule 1 -- Permission to sue in forma pauperis - Grant of temporary injunction when application for permission to sue in forma pauperis is not allowed on account of pending enquiry - Held, an order of temporary injunction can be passed in exercise of inherent powers under..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2,, Civil Procedure Code, 1908, Order 9, Rule 7 -- Temporary injunction - Suit proceeded against defendant ex parte - Ex parte order set aside - Defendant must be heard afresh in matter of temporary injunction - Case remanded for said purpose...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 - - Temporary or ad interim injunction - Power of Court not only arises from provisions of Order 39 or under provisions of Specific Relief Act - Cases not covered under Order 39 - Court can still grant injunction under Section 151 - Inherent power of Court to grant injunction to meet ends of justice or to prevent..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Implementation - Police help - Allowed by trial Court - Order upheld - Provisions of O.39.R.2A does not control the jurisdiction vested in the Court in exercise of inherent powers under S.151 of the Code - No person can be permitted to take the law in his own hands and to flout the orders..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Inherent powers must come to rescue of person who inspite of order of injunction is being threatened forcible dispossession in violation of order of injunction - Provisions of Order 39 Rule 2 - A would come into play once order of injunction is flouted by any person but that certainly does not divest Court of..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Court directed SHO to provide necessary help to plaintiff as defendants trying to forcibly dispossess when interim injunction granted in favour of plaintiff and defendants restrained from dispossessing - No person can be permitted to take the law in his own hands and to flout the orders of the Court - Inherent..........
Civil Procedure Code, 1908, Section 144, 151 -- Plaintiff had dispossessed the defendant unlawfully on the basis of a temporary injunction order - Held, defendant is not entitled to take recourse to provisions of S.144 CPC for seeking of restitution of the property - Defendant's only remedy is to file a suit for recovery of possession...........
