Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Earlier also plaintiff filed tow suits in which temporary injunction was declined - This fact not disclosed in the third suit - Earlier suits withdrawn without permission to file fresh suit on the same cause of action - Injunction declined...........
Limitation Act, 1963, Article 65, Specific Relief Act, 1963, Section 38, 41 -- Adverse possession - Vendee permitting vendor to remain in possession for more than 12 years - Vendee permitting vendor to remain in possession for more than 12 years - Vendee selling land to another person - Suit by vendor for permanent injunction against vendee and other purchaser - Vendor in..........
Civil Procedure Code, 1908, Section 151 -- Police help in implementation of injunction order-In absence of a provision in the code, Court can grant police help under the inherent provisions of S.151...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partnership firm dissolved - User of the property of the firm for the benefit of one of the partners-An injunction can be granted to one of the partners either from using the firms name or from using any of the property of the firm for his own benefit. (Partnership Act. 1932, S.53)..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Order of injunction - Disobedience by a person who is neither party nor named in the order - Can be proceeded against only when the Court is satisfied from the material on record that the person concerned had knowledge of the order of injunction and that he was acting as agent of the person against whom the order of..........
Civil Procedure Code, 1908, Order 39, Rule 3 -- Exparte temporary injunction - Court must record reasons for doing so, whatever, may have been the urgency in the matter - Order not mentioning material which has been considered by Court in forming opinion to grant exparte injunction - Order granting exparte temporary injunction set aside...........
Transfer of Property Act, 1882, Section 44, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Paragraph Second - Dwelling house belonging to undivided family - Transfer of share to stranger - Co-sharer challenged such transfer - Application for interim mandatory injunction restraining transferee from taking possession of transferred share - Injunction can be granted if..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim mandatory injunction - This power is discretionary & equitable in nature - Guidelines enumerated...........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Scope - There are no words in the Rule to limit its scope to any particular category of suits or to exclude a suit in regard to a claim for money or for injunction...........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Demand of additional amount by Housing Board - Suit for permanent injunction in a representative capacity - Maintainability of suit - persons who may be represented in a suit under Order 1 Rule 8 need not have the same cause of action - What is required is that in a litigation all the persons have a similar or common interest..........
