Specific Relief Act, 1963, Section 37, 38 -- Injunction - Relief of injunction cannot be granted in favour of plaintiff based on mere long possession...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Defendant can seek temporary injunction against plaintiff particularly when he preferred a counter claim...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Defendants are in possession of property - Plaintiff miserably failed to make out a prima facie case in his favour and further to prove that he is in possession of the suit property in any manner, actual or constructive - Defendants would be at greater hardship if any injunction is not issued in..........
Clean hands -- Plaintiff has not come to Court with clean hands - Plaintiff is not entitled to injunction...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff filed the suit without disclosing the fact that earlier suit for permanent injunction regarding same property was filed by defendant against plaintiff and his sons which was pending - He has not come to Court with clean hands - Plaintiff not entitled to injunction against defendants...........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Except the oral testimony, plaintiff has failed to prove any document to prove her possession on suit property - On the other hand in jamabandis defendant has been shown as owner in possession - Dismissal of suit calls for no interference...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Affidavit in support of application - Bland affidavits without details are not enough to grant relief - If there is a threat to the dispossession/demolition/alienation, threat should be described with reasonable clarity - If there is a right infringed, the manner of infringement should be spelt out..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Affidavit in support of application - Prima facie case, balance of convenience and irreparable loss are not empty phrases - These are the factors to be kept in mind while drafting affidavits and are factors to be kept in mind by judges while granting temporary injunction...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Suit for permanent injunction for infringement of copyright and passing-off - For establishing goodwill of the product, it is necessary for plaintiff to prove not only the figures of sale of product but also the expenditure incurred on promotion and advertisement of the product...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for permanent injunction for infringement of copyright and passing-off - Statement of accounts signed by Chartered Accountant of plaintiff indicating the expenses incurred on advertisement and promotion and figures of sale may constitute a material which can be considered for examining whether a..........
