Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - At the instance of defendant - Court has jurisdiction to grant an interim order of injunction, at the instance of defendant, without a counter claim sought for in the written statement...........
Agreement to sell -- Oral - Date of agreement - Plaintiff not sure - It is difficult to discern the existence of the consensus ad idem which is sine qua non for any agreement - Plaintiff, thus miserably failed to prove the very existence of agreement...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Prima facie case is not the only consideration for grant of ad interim injunction - In addition to prima face case, Court also has to take into consideration the test of balance of convenience and irreparable injury...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for specific performance - Triable issues involved in the suit - Held, it would be in the interest of justice if defendants are restrained from transferring or selling the property in question pending the suit...........
Agreement to sell -- Comes into existence only when it is result of consensus ad idem - Money constitutes consideration only when it is paid by one to another with a specific understanding that it is the consideration for a contract, that the contract can be said to have come into existence - Money paid for one purpose cannot be treated as consideration for another - Even..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court fee - Application moved under O.7.R.11 for rejection of plaint on ground of no, payment of ad valorem court fee as no suit for mandatory injunction can be filed for recovery of any amount - Application allowed conditionally and plaintiff directed to append court fee - Revision thereagainst - Held,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Husband seeking restraint order against wife from obstructing his entry and exit into the premises - Husband gifted away the property to wife - After execution of the gift deed plaintiff lived in the house only in his capacity as husband of defendant - Parties having strained relations - None of the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Order of status quo - Both parties claiming title and possession - Court passed order of status quo by holding that it is difficult to reach to the conclusion as to which of the party is in possession over the suit property - Order upheld...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - One of the cardinal principles in the matter of examining the application for temporary injunction is that a party claiming that relief must come to Court with clean hands...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Defendant admitting unauthorised possession of plaintiff - Order that plaintiff cannot be dispossessed except under due process of law inspite of the fact of holding that there is no prima facie case, balance of convenience and irreparable loss, in favour of plaintiff, upheld...........
