Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Court cannot grant interim relief which is in the nature of final relief...........
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, Section 100 -- Second appeal - Divergent findings on fact - Suit for permanent injunction - Plaintiff except contending that suit property was being enjoyed for past 40 years by paying kist has not in fact referred to manner in which such right had accrued so as to suggest or indicate unassailable right to be in physical possession - He himself..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Co-sharers - Restraining defendants from raising construction on joint land till the same was partitioned - Construction raised by other co-sharers was never objected to by plaintiff - Plaintiffs have not been able to demonstrate that either prima facie case or balance of convenience is in their favour..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-owners - Law as to grant of ad interim injunction : Joint ownership and absence of consent of co-owner(s) is definitely a relevant fact to be considered for granting stay in suit filed by a co-owner but it cannot be a straitjacket formula to grant stay in each and every case - Moreover,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Conduct of parties is also a relevant consideration for grant of injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff unable to show that he is owner of suit land and is in possession thereof - Three ingredients for grant of injunction i.e prima facie case, balance of convenience in favour of plaintiff and that plaintiff would suffer irreparable injury if temporary injunction is declined, are not satisfied..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Status quo order - Oral agreement entered into between parties - It is thus, not proper to grant injunction without due inquiry, particularly when both the parties are companies - Status quo order rightly passed...........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Temporary injunction - Grant of temporary injunction without notice - Opposite party always has remedy to move same Court by filing an appropriate application seeking its recalling/modification - Even when all parties have been heard, Court is still vested with power to change its order, provided either there is change of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Conduct of a party seeking discretionary relief is of utmost importance besides consideration of three basic ingredients for grant of temporary injunction viz. prima facie case, balance of convenience and irreparable loss and injury...........
