Civil Procedure Code, 1908, Section 9, Order 39, Rule 1, 2 -- Award of damages arising due to obtaining ad interim injunction and suit ultimately failing - Trial Court can award damages beyond its pecuniary jurisdiction...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Injunction suit restraining defendant from interfering with plaintiff's possession - Implead-ment sought on the ground that applicant had entered into agreement for sale with defendant - Agreement took place during pendency of suit and no delivery of possession took place - Application rightly rejected..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction restraining Municipal Board from realising octroi - Normally no temporary injunction should be granted restraining realising of public revenue - Even if plaintiff establishes prima facie case, the Municipal Board should not be restrained from realising Octroi, as other ingredients for temporary..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Prin-ciples governing - Three principles viz (1) Prima facie case (2) Balance of con-venience (3) Irreparably injury - All the three conditions to be established - Prima facie case does not mean to examine the merits of the case closely - Plaintiff need not to establish title - Plaintiff has to show..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Grant of - The Court is ultimately guided by the principles of equity...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Grant of - Is a discretionary relief - Appellate Court should not interfere with such discre-tionary power of trial court - Mere possibility of coming to a different conclusion on the same facts and evidence not a ground for interference with discretionary relief...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Granted on basis of report of Advocate Commissioner showing possession of plaintiff - As Local Commissioner cannot be appointed for ascertaining physical possession thus reliance on such report is illegal - Order granting injunction cannot be sustained...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for permanent injunction - Neither of the parties owner of the land in dispute - Land recorded to be in the ownership of Shamlat Deh - Plaintiff in cultivating possession of the land in dispute - Plaintiff entitled to injunction prayed for...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Imp-lementation of order - Police help - Once the order passed becomes final, the Court is bound to take every step to enforce the same...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction in favour of a licensee, whose license comes to an end cannot be granted against the true owner...........
