Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for permanent injunction for infringement of copyright and passing-off - Statement of accounts signed by Chartered Accountant of plaintiff indicating the expenses incurred on advertisement and promotion and figures of sale may constitute a material which can be considered for examining whether a..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from terminating redistribution stockiest agreement - Categorical condition mentioned in the agreement that agreement may be terminated by either party by giving two months written notice even without assigning any reason - Defendant company terminated the agreement by giving..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Plaintiffs have been in permissive possession of at least one shop since 2012 and were also found in possession by Local Commissioner - Simply because plaintiffs have filed suit on the basis of an oral agreement of sale, prima facie assessment of merit of such claim of plaintiffs could not have..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Restraining defendants from interfering with possession of plaintiffs - Right of plaintiff over suit property are still to be established - Possession of plaintiff over suit property also not established - Trial Court rightly dismissed the application after recording prima facie..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Partition suit - Serious triable issues arise in the case which need to be determined in the course of trial - Creating third party interest inducting third party by way of sale or otherwise would complicate the matters further - Preservation of property as it exists is therefore necessary and in the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Order granting injunction passed by trial Court without dealing with the issue involved in the case in detail and certain documents did not even form part of record of Court below - Though at the time of entertaining the application for temporary injunction, mini trial is not justified, however,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Plaintiff admitted that property for which application for injunction was filed was in possession of defendants for which plaintiff had filed a suit for recovery of possession - If injunction is granted in favour of plaintiff, it is not plaintiff who will suffer irreparable loss or damage but it is..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 7 -- Appointment of site commissioner - Partition suit - Court while allowing application specifically directed that inspection of property by taking details of neighborhood, condition and measurements of rooms and walls and also to take photographs and measurements of plot in dispute from all sides based upon which..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from selling properties allegedly bequeathed to him by father of defendants through unregistered Will - Finding on prima facie case recorded by trial Court while allowing application is not supported by any material on record - Trial Court has put negative burden upon defendant..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff's allegations are that defendants are trying to raise construction over adjoining land - Since dimension of plots of plaintiff and defendants have wrongly altered and correction application in this regard is pending, defendants be restrained from carrying out construction - It is not the..........
