Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - An interim order has to be within the purview and scope of the suit itself i.e. as pleaded in the plaint and cannot be permitted to travel beyond such limitation...........
Civil Procedure Code, 1908, Order 39 -- Temporary injunction - Person having no interest or right in the property or his possession not lawful, is not entitled to injunction...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Attachment - Objections -Agreement to sell in favour of objector executed prior to order of attachment -Suit for specific performance also pending in which an order of injunction passed restraining transfer of property - Objections to attachment filed without delay -Trial Court dismissed objections without affording a chance..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Declining of injunction to plaintiff in the suit simpliciter-Cannot tantamount to lawful direction to vacate the premises in dispute-Interim order has to be within purview and scope of the suit itself i.e. as pleaded in the plaint and cannot be permitted to travel beyond such limitation-Cannot be said that necessary..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction in a suit for injunction on the basis of possession that plaintiff should not be dispossessed from premises except in due process of law-If a person has no interest or right in the property or possession which is lawful-Difficult for Court normally to grant discretionary relief of injunction-Plaintiff..........
Injunction -- Inspite of prohibitory injunction decree holder dispossessed - Restoration of possession cannot be sought by filing a petition under Section 151 CPC - Remedy is only by filing a fresh suit...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Decree for prohibitory injunction - Violation - Inspite of decree D.H. dispossessed - Restoration of possession cannot be ordered - Remedy is only by filing a fresh suit - Decree can only be executed U.O.21.R.32(1) by seeking arrest and attachment of property of J.D...........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Suppression of material facts - Ex-parte order of injunction is liable to be vacated on this short ground...........
Injunction -- A matter of discretion - Authorities implementing Scheme duly framed-Scheme for benefit of the public of the town-Refusal to grant injunction - Discretion rightly exercised...........
Specific Relief Act, 1963, Section 38, 41 -- Daughter has no right to seek an injunction against her father restraining him from alienating the suit properties which are owned by him...........
