Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Infringement of copyright - Plaintiff sought temporary injunction against defendants from telecasting or exhibiting their web series by name `Singardaan' - Plaintiff writer and original author of story `Singardaan' which was published much before making defendant's web series - Defendant's work done..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 40, Rule 1 -- Temporary injunction - Appointment of receiver - Commission u/s 142 of Sikh Gurudwara Act has power to pass interim orders as well as to appoint a Receiver...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from using sahan land as rasta and making it into brick soiling - Revenue records show that land in dispute is public Rasta - No findings arrived at with regard to title or claim of plaintiff to land in dispute to be used by him as sahan - Moreover, if temporary injunction..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - At the instance of defendant - Defendant seeking temporary mandatory injunction against plaintiff for removing the wall by which lane (Gali) has been blocked and for removal of goods lying on the way - Concurrent finding of two Courts below that prima facie case is in favour of defendant -..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff not in possession of suit property - In a suit for simplicitor for permanent injunction without any prayer for restoration of possession, plaintiff is not entitled for any relief by way of temporary injunction - Application rightly rejected...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - Longer date - If longer date is fixed for disposal of an application for injunction, it frustrate the main object of it - Purpose of incorporating provision for temporary injunction is not only to protect and preserve the status of the property, but also to protect the rights pending final..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising construction on disputed roof without consent of plaintiffs and without obtaining permission from Municipal Council - No prima facie documentary evidence on record which could show that defendant was raising new construction on roof in question nor any photograph..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Application for temporary injunction allowed - Suit for possession - Petitioner seeking exclusive possession on the basis of oral partition - There is no entry in revenue record with regard to oral partition - Moreover, land in dispute is stated to be agricultural and therefore, the petitioners cannot raise any..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Irreparable harm - Question of irreparable harm to a party complaining of breach of contract does not arise if other remedies are available to the party complaining of the breach...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Apart from existence of a prima facie case, balance of convenience, irreparable injury, conduct of party seeking equitable relief of injunction is also very essential to be considered...........
