Civil Procedure Code, 1908, Order 39, Rule 1, 2, 4 -- Ex parte ad interim injunction - Appeal against - Not maintainable when application U.O.39.R.4 is also pending - Application U.O.39.R.4 has to be heard first...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Status quo - Sustainability - Running of hotel in residential house and construction still going on unauthorizedly - Co-ordinate Bench of High Court directed Municipal Corporation to ensure that commercial activities within the residential plots in the said colony are stopped - Held, directing both..........
Civil Procedure Code, 1908, Order 39 -- Temporary injunction - Suit for specific performance and claim of damages as an alternative relief - Held, plaintiff will be entitled to damages in case he ultimately does not succeed in the suit as such he will not suffer any irreparable injury - Not entitled to injunction...........
Civil Procedure Code, 1908, Order 39 -- Temporary injunction - Court is required to consider (i) whether there is a prima facie case in favour of plaintiff; (ii) whether balance of convenience is in favour of passing the order of injunction; and (iii) whether plaintiff will suffer irreparable injury if an order of injunction is not passed...........
Civil Procedure Code, 1908, Order 39 -- Temporary injunction - Injunction has to be refused even when there is prima facie case in favour of plaintiff but injury to be suffered on account of refusal of temporary injunction is not irreparable...........
Civil Procedure Code, 1908, Order 39 -- Temporary injunction - Means injury must be material one, namely, one that cannot be adequately compensated by way of damages...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Refusal to grant - Plaintiff himself admits that suit land was acquired by Government for establishment of a power project and compensation was alleged to have been paid to defendant Nos.1 to 5 but not to him - Held, that shows that plaintiff has no prima facie case for getting equitable relief of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - `Prima facie case' and not `prima facie title' is to be examined at the time of granting interim injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Agreement to sell - Unregistered - Restraining defendants from dispossessing plaintiff - Property in dispute is joint property - Not possible to give possession to plaintiff over any specific portion of property - Neither in alleged deed nor in plaint, any specific portion of property shown over which..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Grant of - Defendant No.4 purchased the property and he started activities of development and construction - Plaintiff failed to establish his prima facie case - Held, if temporary injunction is granted, comparatively defendant No.4 would suffer more - Balance of convenience and irreparable loss were..........
