Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - An encroacher cannot seek an equitable relief of injunction so as to prevent the real owner from protecting the property...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff claims to be absolute owner of suit property having acquired the same under registered gift deed from her husband - However, there is no reference to source of title of husband of plaintiff as per said gift deed - Even, there is no other document filed to show that husband of plaintiff or..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff is seeking injunction against true owner, as neither possession of plaintiff recorded in revenue records nor he claimed any title in suit land - He has not even made any attempt to identify the extent or boundaries of land which he claims to be in his possession - Merely on the basis of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - Against publication of an article - Ex parte ad interim injunction should not be granted without establishing that the content sought to be restricted is `malicious' or `palpably false' - Injunction against publication of material should be granted only after a full-fledged trial is..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - Suit for defamation - Three-fold test of establishing (i) a prima facie case, (ii) balance of convenience and (iii) irreparable loss or harm, for the grant of interim relief is equally applicable to the grant of interim injunctions in defamation suits - However, this three-fold test must..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - Against publication of an article - Merely recording that a prima facie case exists, that the balance of convenience is in favour of the grant of injunction and that an irreparable injury would be caused, would not amount to an application of mind to the facts of the case - The three-fold..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Constructions were made over suit property during pendency of appeal before first appellate Court - Appellate Court while exercising its discretion and in order to preserve the property till hearing of appeal has passed injunction order only till next date of hearing -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration and permanent injunction - Petitioner wants to be added as a party in the suit due to stay entry incorporated in revenue record - No relief sought against petitioner by plaintiff - Stay order is passed against defendant which have no impact upon petitioner - Even otherwise,..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and for permanent injunction - Plaintiff did not choose to examine his vendors to establish his title and possession over suit property covered by sale deeds executed by vendors in favour of plaintiff - Vendors of plaintiff are best witnesses to depose their title and possession - Plaintiff thus,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Ad interim injunction - Appeal - Order declining ad interim injunction passed after hearing parties - Appeal against such an order is maintainable U.O.43.R.1(r) CPC...........
