Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 14 -- Interim injunction - Principles for grant of interim injunction are prima facie case, balance of convenience and irreparable injury if injunction is not granted - If the plaintiff can adequately be compensated for the loss caused to him by way of damages in the event of success of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for prohibitory injunction restraining the defendants from realising a sum of Rs.13, 944.75 paise - No relief for declaration of damages claimed - Realisation of quantified and determined sum can be adequately compensated in terms of money - Temporary injunction not available...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Grant of - Guiding principles - 1991 Civil Court Cases 99 (S.C.) followed wherein held: (1) The plaintiff has a strong case for trial i.e. it shall be of a higher standard than a prima facie case that is normally required for a prohibitory injunction; (2) It is necessary to prevent..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Hotel business run since 1937 - Suit filed in 1991 and for the first time alleged violation of conditions of lease - Order granting ad interim injunction not sustainable - Balance of convenience does not lie in issuing ad interim injunction - Appellant cannot be compensated if he ultimately succeeds in suit for prohibiting..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Breach of contract - Injury if irreparable and the loss cannot be compensated in money only then temporary injunction can be granted - Trial Court while granting injunction did not consider whether the compensation in terms of money which had been mentioned in the agreement or equivalent to that could be adequate..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Can be granted if (1) The plaintiff has a strong case for trial of a higher standard than a prima facie case, normally required for a prohibitory injunction (2) It is necessary to prevent irreparable or serious injury which normally cannot be compensated in terms of money (3) The balance of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory in-junction - plaintiff must have a strong case for trial, that is, of higher standard than a prima facie case that is normally required for a prohibitory injunction and further it must be necessary to prevent ir-reparable or serious injury which normally cannot be compensated in terms of money and..........
Civil Procedure Code, 1908, Order 38, Rule 1, 2 -- Temporary mandatory injunction - Channel for taking water to the lands of the plaintiff - Channel closed a day prior to the filing of suit - Temporary mandatory injunction granted directing the defendant to restore the channel till the disposal of the suit-Even if injury can be compensated in terms of money injunction can..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Suit decreed - Sale deed executed by Court - Suit seeking to set aside the decree - Pending suit interim injunction sought from being dispossessed - Granted by High Court - Held, if plaintiff is ultimately successful he can be compensated by awarding damages for use..........
Electricity -- Disconnection of a business house - It will result into a number of jobless workers and blocking the industrial growth - Cannot be compensated in terms of money - Irreparable injury established - Interim injunction granted. (Civil Procedure Code, 1908, O.39.Rr.1, 2)..........
