Civil Procedure Code, 1908, Order 39, Rule 2A -- Interim injunction - Disobedience - Advertisement was telecast in three television channels despite injunction order - Response of television channels that advertisement was telecast on few days due to technical error - Act of appellant was not intentional or deliberate to flout injunction order - Unconditional apology..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 4 -- Ex parte ad interim injunction - Court shall vacate the injunction only if it comes to conclusion that plaintiff had knowingly made false or mis-leading statement in relation to the material particulars leading to grant of injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad-interim injunction - Necessary ingredients for grant of ad-interim injunction are not found by Courts below especially with regard to balance of convenience being in favour of defendant/counter claimant - Loss if any which may be suffered by defendant can certainly be calculated in terms of money - Discretionary..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiffs may have an arguable case in their favour but balance of convenience is certainly not in their favour - They also failed to show that they would suffer irreparable loss and injury in case of refusal of grant of temporary injunction - Moreover, plaintiffs concealed the fact that they along..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay order - Single judge while granting stay order neither discussed existence of a prima facie case in favour of petitioner, nor discussed balance of convenience, nor discussed irreparable loss that would be caused to petitioner in case stay was not granted by Court - Impugned order is a non-speaking order - Impugned..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Against a proposed defendant during pendency of application for impleading him as a party - No injunction can be granted against them without impleading them as defendants and thereafter without giving them an opportunity of being heard...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Defendants by playing fraud on basis of registered power of attorney executed sale deed in their own name - Suit land is ancestral property of plaintiffs - Prima facie case is in favour of plaintiffs - Trial Court after considering all aspects, balance of convenience and irreparable..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Suit for specific performance - Prima facie plaintiff was not vigilant with regard to his right to enforce sale agreement - Plaintiff approached the trial Court after a lapse of 7 years from date of execution of registered sale deed in favour of subsequent purchaser - Plaintiff failed to make out a..........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Temporary injunction - Vacation of - Injunction order passed restraining defendant from putting up construction on item Nos.1, 2 properties - Plaintiff conceded execution of release deed by sisters and sister's son in favour of defendant - Under such circumstances plaintiff getting half share is bleak - Even if plaintiff's..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Claim of plaintiff over `D' Scheduled pathway was based on the easement by grant and would be seen prima facie - In such situation refusal to grant interim injunction would cause irreparable injury to plaintiff and thus, balance of convenience is also in favour of plaintiff - Contention of defendant..........
