Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Finding recorded while considering grant of injunction is always considered prima facie in nature and is confined to disposal of such interlocutory proceedings - Such finding do not influence the decision which is eventually rendered in suit on merits as the same is rendered on the basis of evidence..........
Civil Procedure Code, 1908, Order 41, Rule 5, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay of injunction order - Ad interim injunction order was passed against subsequent purchaser/applicant, as defendant/vendor sold the agreed property to him - It is evident that applicant would be parting with right, title and possession of a part of suit property by creating..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Both plaintiff and defendant are in equal shares of property - Defendant is wife of plaintiff and plaintiff already directed to provide residence in shared household to his wife/defendant in petition u/s 23 of PWDV Act filed by her - In such situation granting of injunction in favour of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3 -- Ad interim injunction - Notice - Issuance of notice is a rule and grant of an ex parte injunction order an exception - Wherever Court chooses to follow exception, it has to necessarily comply with the mandatory requirement of recording reasons for its option that object of granting injunction would be defeated by delay...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Cannot be granted without discussing the essential elements of prima facie case, balance of convenience and irreparable injury...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Cannot be passed against unknown persons - O.39 CPC confers powers to the Courts to issue injunctions only against `the defendants' and not against `a defendant'...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - Where ex parte ad interim injunction is granted, opposite party against whom an order of injunction is passed is required to be served with the copy of order along with other relevant documents on same day or next day and plaintiff has to file such an affidavit of compliance in the Court...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Infringement of Trademark - Injunction cannot be passed against unknown defendants/infringers - However, this does not mean that plaintiffs are remediless against unknown infringers in case of mass infringement of trademark - Remedy is available in Trademark Act itself by way of criminal complaint..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 41, Rule 1(r) -- Appeal - Ex parte injunction order - Provisional, temporary or interim order rendered U.O.39.Rr.1, 2 CPC is appealable U.O.41.R.1(r) CPC - However, aggrieved person can also recall such ex parte interim injunction order...........
Civil Procedure Code, 1908, Section 115, Order 39, Rule 1, 2 -- Ex parte injunction order - Order is appealable U.O.41.R.1(r) CPC - Revision against same is not maintainable, as remedy of revision u/s 115 CPC is available against orders against which statutory appeal is not provided...........
