Civil Procedure Code, 1908, Order 39, Rule 1 -- Ad interim injunction - Ex parte - Grant of - Court to record reasons for its opinion that object of granting injunction would be defeated by delay - Requirement of recoding reasons is not a mere formality but a mandatory requirement...........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Ad interim injunction - Ex parte - Grant of - Granted after 40 days of filing of suit - Writ petition challenging order filed after 130 days - Clearly demonstrates that there was no grave urgency in granting ex parte injunction order...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Possession - Proof - Mere placing of bricks or tieing buffaloes does not prove possession - Even raising kacha manger for pigs also does not prove possession - Courts below rightly held, that plaintiff is neither owner nor in possession of suit property...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Property in possession of Receiver u/s 146 Cr.P.C. - Civil Court is competent to grant injunction - Magistrate u/s 146 Cr.P.C. has power to attach the subject of dispute "until the competent Court determines the rights of parties thereto with regard to the person entitled to possession thereof" -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Right to way - Restraining defendants from obstruction - Nothing to establish the easementary right of plaintiff - Commissioner's report shows that no such way exists which is alleged to be used by plaintiff as approach land to their field - Contention of defendant that plaintiff is using land of his..........
Specific Relief Act, 1963, Section 37, 38 -- Permanent injunction - Partition suit - All the parties having share in the property - Plaintiff is entitled to relief of permanent injunction till the execution of final decree for partition - Parties restrained till execution of final decree for partition from alienating, encumbering or parting with possession of any share or..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from alienating, transferring, making alterations/raising construction on suit property - Plaintiff failed to make out existence of prima facie case, balance of convenience and irreparable loss so as to entitle him to temporary injunction in relation to suit property -..........
Civil Procedure Code, 1908, Order 39, 2A -- Interim injunction - Disobedience - Provision of O.39.R.2-A CPC is penal in nature and disobedience mast be proved like a charge in criminal case - Mere allegation of disobedience is not sufficient - Standard of proof required for violation of disregard of an injunction order is that of a criminal case, since the said act of a..........
Civil Procedure Code, 1908, Order 39, 2A -- Interim injunction - Disobedience - Prima facie no case is made out against defendants to the subjective satisfaction of Court that defendants deliberately and willfully mentioned the alleged MoU in the petition to vacate interim stay and thereby violating the order of interim injunction granted by Court regarding restraining..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Restraining defendants from interfering with the possession and using tubewell in land till the same is partitioned - No evidence on record that plaintiffs are in exclusive possession of entire property - Although tubewell is in the name of mother of plaintiffs but it was admitted that..........
