Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from interfering in possession and from causing any damage to the building and machinery - Proprietorship filling station - Plaintiff entered into partnership with defendants but Indian Oil Corporation did not allow plaintiff to run the Filling station in partnership -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Lessee in possession after expiry of lease period - Not entitled to injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff not coming to Court with clean hands as he concealed material facts - Not entitled to discretionary relief of temporary injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from alienating suit land or from entering into contract with others - Can be considered only when suit for specific performance is filed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from interfering with the possession - Can be claimed in a suit for injunction, in which plaintiff has already acquired valid title...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Grant of - Validity - Trial Court dismissed application for temporary injunction moved by plaintiffs and allowed application for temporary injunction moved by defendants against plaintiff - Plaintiff was real original allottee of land out of which disputed part of land said to have been come into..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-owner - Restraining raising any further construction - Plaintiff not in possession of property - However, defendant restrained from raising further construction on suit property which is the only vacant piece of land in the entire bigger chunk of land - If defendants are restrained from raising..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Construction raised by plaintiff or his predecessor existing in the suit property - Depicts plaintiff in prima facie long established possession - Plaintiff cannot be dispossessed therefrom in execution of partition decree - However, in execution thereof he may take symbolic possession if the same..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Grant of temporary injunction - Validity - Restraining defendant No.1 i.e. Registrar of Trade Union from giving effect to resolution passed by him dissolving Workers Union and other consequential reliefs - Main grievance of plaintiff/Union is against defendant No.4 i.e. President of Union and other Office Bearers i.e...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Relevant consideration for grant of temporary injunction is prima facie case as to possession - At the interlocutory stage, trial Court has to depend mostly upon the documentary evidence...........
