Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Courts must endeavour to find out if interim relief can be granted on consideration of issues other than those involved in the main suit and also whether partial interim relief would satisfy the ends of justice till final disposal of the matter...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Interim relief which amount to pre trial decrees must be avoided wherever possible...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Grant of mandatory interim relief requires the highest degree of satisfaction of the Court - Much higher than a case involving grant of prohibitory injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Guidelines - (1) The plaintiff has a strong case for trial which is of a higher standard than a prima facie case that is 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)..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Declined by trial Court - Granted by Appellate Court substituting its own views - Order of Appellate Court set aside - View taken by trial Court does not indicate that the view taken is not a possible view - Appellate Court should not have substituted its own views in the matter merely on..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Grant of - Validity - Serious dispute between plaintiff and defendant No.1 regarding right, title and interest over plot in question - Defendant No.4 purchased disputed plot during pendency of suit from defendant No.1 - Held, trial Court justified in granting temporary injunction restraining..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 40(1) - - Co-owner - Where compensation by payment will be adequate relief, the interim injunction to restrain a co-owner from enjoying the property may not be granted - Temporary injunction in such case may be granted only where the damages would not be able to mitigate the compensation...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Cannot be granted merely because plaintiff was using the pond in dispute for fisheries purposes...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - No injunction whether permanent or temporary can be granted by Civil Court in respect of agricultural land against the recorded tenure holder in favour of a person who is not recorded tenure holder - Even otherwise no injunction can be granted against owner of property...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Protection of Women From Domestic Violence Act, 2005, Section 12, 19 -- Temporary injunction - Shared house-hold - Daughter-i, law of petitioner had already obtained residence order to live in shared house-hold invoking provision u/s.19 of the Act of 2005 - In appeal, impugned residential order has been stayed by appellate..........
