Civil Procedure Code, 1908, Order 39, Rule 1 -- Interim injunction - Entitlement - Petitioner running small scale industries by installing woodcutter machine of 3 H.P. - Licence not obtained - No permission from any authority - Cannot claim injunction restraining authorities from interfering in their business...........
Consumer Protection Act, 1986, Section 27 -- Penalties - Held that the words `any order' used in the language of Sub-section (1) of Section 27 are wide enough - Therefore, an order, which is though not an interim order talked of under Section 13(3B) and enforceable in the manner laid down in Sub-sections (1) and (2) of Section 25, yet has the characteristics of such an..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Injunction against dispossession from stall - Said stall was granted on lease by Cantonment Board - Lease only in permissive possession - Not vested right - Cannot seek ad interim injunction against Cantonment Board as there was no privity of contract between him and Cantonment Board...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Wall put up across a way which was in existence for more than 12 years and the plaintiff was prevented from using that way to go to his house just two days prior to the institution of suit - Interim injunction, prohibitory or mandatory can be granted even for restoring status quo anterior..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13 -- Interest (Enforcement) Rules 2002 - Security - Challenge to the legality and constitutional validity of the provisions of the Act and the Rules - Matter subjudice before the Apex Court where large number of writ petitions/special leave petitions pending -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction restraining defendant from raising any construction over the property in dispute - Undertaking by defendant to raise construction at his own risk and responsibility and that he will not claim any compensation and rather remove the malba in case suit is decided against him - Defendant allowed to raise..........
Civil Procedure Code, 1908, Section 115, Order 39, Rule 1, 2, Constitution of India, 1950, Article 227 -- Interim injunction - Granted by trial Court - Order reversed by Ist Appellate Court - Revision against - Not maintainable - However, revision treated to be a petition under Article 227 of the Constitution of India...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction issued by trial Court, in a suit for permanent injunction that defendants be restrained from raising any construction over property in dispute, reversed by Appellate Court - Specifically undertaking given by defendants - High Court issued directions that defendants or any other persons claiming under..........
Constitution of India, 1950, Article 226, 227 -- Petition against interim injunction under Order 39 Rules 1 and 2 Civil Procedure Code - Maintainable - Civil Procedure Code, Order 39 Rules 1 and 2...........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Application for appointment of receiver - Ascertaining of right of the party - Mandatory - Dispute as to right of parties to have share in management and income of temple - Application for interim injunction - Trial Court ought to decide first injunction application - Appointment of receiver straightaway by trial Court..........
