Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Suit for injunction - Appointment of commissioner to note the physical features or to undertake other related activities in a suit for injunction is a rarity...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Easements Act, 1882, Section 52 -- Ad interim injunction - Licensee - In case of a license, if the licensor revokes the licence, the licensee is left with no legal right in the property and is, therefore, not entitled to temporary or permanent injunction against the licensor...........
Specific Relief Act, 1963, Section 38, 39 -- Suit for permanent injunction - Plaintiff dispossessed during pendency of suit - Plaintiff amended plaint seeking relief of mandatory injunction - Held, decree of possession in a suit for injunction can be granted...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Non compliance of order of injunction - Person proceeded against should be given reasonable opportunity as to why he is not liable to be prosecuted and punished, affording him chance to lead evidence in support of his defence, there must be clear proof of disobedience of injunction to punish him as a condemner...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Non compliance of order of injunction - Alleged condemner State Electricity Board - Objections filed by Executive Engineer of Board on behalf of authority - Order of his detention in civil prison without any finding as to whether he was personally liable for non compliance of injunction order - Erroneous and liable to be set..........
Civil Procedure Code, 1908, Order 39, Rule 1, 4, Civil Procedure Code, 1908, Order 43, Rule 1(r), Constitution of India, 1950, Article 226 -- Temporary injunction - Alternative remedy of appeal - Availability - Held, an order of injunction, whether interim or final, is an order falling within R.1 or 2 of O.39 CPC and is appealable U.O.43.R.1(r) CPC - Mere quoting wrong..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim Injunction - Grant of - Injunction is sought by plaintiff on a plea that his own title to suit property is an admitted position and revenue entries as to cultivation also stand in his name - Respondents' prayer for correction of revenue entries has already been dismissed by revenue authorities - Held, plaintiff has..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Held, even if there is prima facie case and balance of convenience in favour of plaintiffs, injunction need not be granted if irreparable injury caused to defendant will be more compared to loss caused to plaintiffs if injunction is not granted...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Grant of - Validity - Plaintiff sought injunction restraining defendant from carrying out any construction or committing any mischief in property - Construction of building is over and only interior finishing work like plastering, painting etc., are alone to be done - Occupancy certificate has been..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Injunction - Breach of order - Knowledge of injunction order has to be established beyond any shadow of doubt - Knowledge of injunction order cannot be imputed by the mere fact of filing of written statement - Having knowledge of the proceedings in general does not mean that the parties have the special knowledge of every..........
