Civil Procedure Code, 1908, Section 10 -- Even if it is found that the later suit is liable to be stayed, that will not in any way affect the jurisdiction of the court to entertain interlocutory application for interim injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1 -- An interlocutory injunction should normally be granted to restrain an apprehended or threatened injury where the injury is certain and imminent or where the mischief likely to be done is of an overwhelming nature i.e. demolition and destruction of property...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Person not party In the suit-Where It is alleged and proved that the person who violated the order of Injunction was an agent or servant or workman of the person against whom the order of injunction was passed, the proceeding can be validly initiated against such person - In such a case the person violating the order can be..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Violation of Injunction - person proceeded against can prove his Innocence by proving that (a) the order was not within knowledge, or (b) the order was ambiguous and was reasonably capable of more than two Interpretation, or (c) that in fact he did not intend to disobey the order, but conducted himself In accordance with..........
Transfer of Property Act, 1882, Section 53A -- Transferee put in possession of land under an agreement of sale is entitled to resist any attempt by the transferor to disturb his lawful possession - suit by transferee for perpetual injunction restraining transferor from disturbing his lawful possession is maintainable. (Specific Relief Act, 1963, Ss.37, 38)...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Suit dismissed for default - Suit restored - Consequently order of interim injunction automatically revives - No separate order need be passed...........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Overhanging branches of trees standing in defendant's property to plaintiff's property - Plaintiff can seek mandatory injunction and the same cannot be denied on the ground that there is no evidence of any damage to the plaintiff. (Easement Act, 1882, Ss.4, 15)..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Report of Local Commissioner can be gone into even at the stage of consideration of the application for temporary injunction...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amend-ment which is necessary for the purpose of determining the real ques-tions and controversies between the parties should be allowed if the same does not cause injustice to the other party - Suit for declaration and injunction - Plaintiff dispossessed during pendency of suit - Amendment of plaint..........
Civil Procedure Code, 1908, Order 39, Rule 3-A -- Interim Injunction - Order does not become non est on the mere ground of non disposal of injunc-tion petition within 30 days - Injunction once granted remains in force till it is vacated - Police protection be granted by Court, if the party complaints breach of injunction order by other side - Order of injunction be..........
