Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - For granting interim injunction, three factors are required to be considered i.e. prima facie case, balance of convenience and irreparable loss...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Plaintiff and defendants both are having equal right over property in dispute unless it is divided as a consequence of partition suit - Therefore, to protect the property there is prima facie case and balance of convenience in favour of plaintiff as well as defendants also - Though..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Prima facie case in favour of plaintiff not challenged so High Court not entering into issue of prima facie case - Balance of convenience lies in favour of defendant and it would be defendant who would be facing comparative more hardship and irreparable loss, if temporary injunction is granted -..........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff has produced his bank statement to show that he had sufficient inflow and outflow of cash in his bank account during relevant period - As to how plaintiff utilized cash available in his bank account is not concern of defendants as long as balance sale consideration is paid in time - Relief of..........
Recovery suit -- Defendant was set ex parte - Only defence raised by defendant in written statement was that document admitting outstanding amount was not executed by an authorised person - However, apart from said document plaintiff has placed on record relevant invoices - Ledger statement relating to defendant shows a closing balance of Rs.2,21,40,895 - Memorandum of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Court must satisfy three essential prerequisites before granting an interim injunction i.e: (i) existence of a prima facie case in favour of applicant evincing a reasonable probability of success at trial; (ii) balance of convenience lies in favour of granting injunctive relief; and (iii) applicant..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Appellant is incontrovertibly absolute owner of property with disputed area constituting merely a fraction of entire premises - He has already entered into an agreement to redevelop the property - In these circumstances, restraint imposed by impugned injunction order significantly circumscribes..........
Protection of Children from Sexual Offences Act, 2012, Section 11, 30 -- Sexual harassment - Standard of proof required for accused to negate presumption of sexual intent is beyond reasonable doubt, and mere proof on a balance of probabilities is insufficient...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance, cancellation of sale deed executed by owner in favour of Respondent No.2 and suit for permanent injunction - Plaintiff ready and willing to make the balance payment and getting sale deed executed in his favour - Prima facie case is in favour of plaintiff - Plaintiff..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband is aged about 44 years working as Panchayat teacher earning Rs.45,857 p.m including all allowances - He has ancestral property measuring 2 katha of undivided land - Wife is residing with her parents and she runs home tuitions - One time lump sum amount of Rs.15 lacs is reasonable, just, balance and fair..........
