Civil Procedure Code, 1908, Order 39, Rule 1, 4, Civil Procedure Code, 1908, Order 43, Rule 1(r), Constitution of India, 1950, Article 226 -- Temporary injunction - Alternative remedy of appeal - Availability - Held, an order of injunction, whether interim or final, is an order falling within R.1 or 2 of O.39 CPC and is appealable U.O.43.R.1(r) CPC - Mere quoting wrong..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Temporary injunction - Violation - Wilful disobedience - Unless knowledge of order of Court is proved, breach thereof cannot be said to be willful...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Temporary Injunction - Violation - By a person not party to the suit - O.39.R.2-A CPC is not intended to give power to visit (for contempt) against those persons who are not party in suit in which injunction order has been passed and not served on them...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Cannot be granted against a person not a party in the suit - Application for impleadment and amendment of plaint pending - Application for injunction can be filed afresh after decision of application for impleadment and amendment of plaint...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Courts must endeavour to find out if interim relief can be granted on consideration of issues other than those involved in the main suit and also whether partial interim relief would satisfy the ends of justice till final disposal of the matter...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Interim relief which amount to pre trial decrees must be avoided wherever possible...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Grant of mandatory interim relief requires the highest degree of satisfaction of the Court - Much higher than a case involving grant of prohibitory injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Guidelines - (1) The plaintiff has a strong case for trial which is of a higher standard than a prima facie case that is normally required for a prohibitory injunction; (2) It is necessary to prevent irreparable or serious injury which normally cannot be compensated in terms of money; (3)..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Declined by trial Court - Granted by Appellate Court substituting its own views - Order of Appellate Court set aside - View taken by trial Court does not indicate that the view taken is not a possible view - Appellate Court should not have substituted its own views in the matter merely on..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Grant of - Validity - Serious dispute between plaintiff and defendant No.1 regarding right, title and interest over plot in question - Defendant No.4 purchased disputed plot during pendency of suit from defendant No.1 - Held, trial Court justified in granting temporary injunction restraining..........
