Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction in favour of a licensee, whose license comes to an end cannot be granted against the true owner...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - In case involving public properties and public interest - Besides three ingredients viz. a strong prima facie case, balance of convenience and irreparable injury the Courts have to bear in mind as to whether the grant of injunction would be conducive or detrimental to public interest...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Public properties and public interest - Government lands - Govt. holds property as a trustee of the people - Where any attempt is made by an individual or a group of individuals to misappropriate/misuse or otherwise interfere with the enjoyment of public property by the people in general, the Courts..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Electricity supply to tenant - On an application by plaintiff the electricity Board disconnected power line to the house of tenant - Plaintiff seeking injunction restraining Electricity Board from reconnecting power line to the house of tenant - Held, injunction will cause serious inconvenience to tenant - Finding of trial..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Trespasser - In settled possession can seek injunction to protect his possession till he is dispossessed in accordance with law - However, the defendant is not precluded from prosecuting the remedy available to it for dispossessing the trespasser in accordance with law...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Trade mark - Passing off - Normally, in an action for passing of, the relief of injunction is not to be granted at the interim stage because there is still to be a trial - In exceptional cases ;such an interim relief can be granted to the aggrieved party in case prima facie it is established on record that the two products..........
Civil Procedure Code, 1908, Order 39, Rule 3A -- Lawyer's strike - Inspite of that stay order extended - Defendant violated order during this period - For violating injunction defendant ordered to be put in civil prison for three months - Appeal allowed holding that an order passed by Court extending stay on the date on which lawyers are not attending courts would not bind..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction in favour of a co-sharer - Other co-sharer asserting ouster and exclusive right over property in dispute on mere possession - Ouster not proved - Held, ad interim injunction rightly granted...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Suit for partition - Ad interim injunction sought restraining co-owner from raising construction over suit land - Plea of ouster and adverse possession of defendant not established - Order of trial court allowing interim stay upheld...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Police aid to implement order of injunction - Provisions of S.151 can be invoked in this regard - However it being an extreme step, it should not be recommended unless the Court is fully convinced of existence of grave emergency...........
