Constitution of India, 1950, Article 226 -- Writ petition - Exparte ad interim injunction - Court should not grant interim orders in a mechanical manner, on the assumption that the aggrieved party can always seek vacation - Grant of ex parte interim orders, that too mandatory orders, routinely or merely for the asking, on ground of sympathy or otherwise, will interfere..........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Interim injunction - Vacation - Plaintiff obtained loan from defendant - Plaintiff seeking injunction against encashment of cheques issued - Claim of plaintiff that those cheques were not intended for repayment of loan - Agreement pleaded by plaintiff whereby cheques were to be treated as collateral and not to be encashed not..........
Civil Procedure Code, 1908, Section 151 -- Status quo order - Vacation sought - Suit for specific performance of agreement to sell - Before plaintiff's filing suit defendants approached revenue Court and obtained interim injunction order against his dispossession - Order to maintain status quo passed by both lower Courts was continued by Revenue Appellate Authority also -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Order not extended due to inadvertence of Court - Party not to suffer on account of fault of Court - If order not extended specifically, it has to be inferred that the same is in force till it is set aside or vacated - There is no deemed vacation unless the order is so vacated either by the trial Court..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Petitioners allowed to occupy temporary sheds as make shift shops till the construction of alternative shopping complex - Petitioners applied for allotment and undertook to abide by the conditions including vacation of the make-shift space on completion of new shopping complex - Held, petitioners..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Interim injunction - Violation - Trial Court imposed fine of Rs.1,000/- and further direction for vacation of premises within three months - High Court in appeal directed the impugned order to be kept in abeyance as application under order 39 CPC was still pending - Impugned order passed by High Court was unsustainable -..........
