Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - At the stage of deciding application U.O.39.Rr.1, 2 read with S.151 CPC Court is not required to deal with the merits of the case - Court is required to see as to whether, any prima facie case existed in favour of the plaintiff, whether he was to suffer an irreparable loss, in case, the injunction..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Mutation sanctioned showing Karta civily dead - Mutation does not confer any right - Unless it is finally decided by a competent Court of jurisdiction that Karta is civily dead it cannot be held that Karta is civily dead - Order granting injunction, upheld...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - If permanent injunction cannot be issuee, then temporary injunction can also not be issued...........
Specific Relief Act, 1963, Section 41(d) -- Injunction - Cannot be granted to restrain a person from instituting or prosecuting any proceeding in criminal matter - No injunction can be issued restraining a person or authority from lodging the FIR...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 38, 41 -- Injunction suit against Father (Karta) not to alienate ancestral property and joint family property - Held, suit not maintainable - Remedy with coparcener is to file suit after alienation seeking declaration that alienation was without legal necessity - Exception to this..........
Patents Act, 1970, Section 108, Civil Procedure Code, 1908, Order 17, Rule 1(2) -- Patent infringement - Injunction - Suit on ground of infringement of patent, seeking relief to injunct defendant from selling its product - Matter remained pending in High Court at interlocutory stage for a long time due to grant or refusal of injunction - Apex Court, without touching merits..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Registration Act, 1908, Section 17(1A), Transfer of Property Act, 1882, Section 53A -- Agreement to sell - Unregistered - Doctrine of part performance not open to be invoked - Grant of temporary injunction on the basis of claim for possession based on such agreement is not permissible...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Unregistered agreement for sale - Possession not proved - Finding of possession is perverse being based on practically no material on the record apart from the reliance upon the unregistered document which is impermissible in law - Order granting injunction set aside...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Agreement to sell - Suit for specific performance - Restraining defendant from alienating, transferring or creating third party interest in the suit property - Out of consideration of 45 Lakhs an amount of Rs.42.50 lakhs paid in cash at the time of execution of agreement to sell - Payment of cash..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for cancellation of sale deed - Rights of parties are finally to be determined in the suit itself - Status quo order was justified in order to preserve the suit property...........
