Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - In favour of defendant - Cannot be granted restraining plaintiff from interfering in his peaceful possession in a suit filed by plaintiff for relief of perpetual injunction restraining defendant from interfering in his peaceful possession...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising construction or altering nature of suit property - Construction complete upto lintel level when suit was filed - Nature of suit land already changed by constructing a building - Defendant if restrained from completing building then it will cause serious prejudice to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Availability of such a right to defendant - Initially restraint order passed from interfering in peaceful possession of plaintiff - Just after five days defendant seeking temporary injunction against plaintiff from changing nature of agricultural land and from selling of land to third parties -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising construction - More than four stories already constructed - Plaintiff has slept over his rights - A person who has slept over his rights is not entitled to equitable relief of injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Electricity - Disconnection - Temporary injunction - Body seal and terminal of meter found to be tampered - Misuse of energy alleged - Consumption of power showing consistent use both during the pre and post period of dispute - Strong prima facie case in favour of plaintiff - Use of electricity is not a luxury but a dire..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Second application is maintainable - Dismissal of earlier application is not the criteria to decide second application - Second application is maintainable on the ground of subsequent events - Court should examine subsequent events in proper perspective...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Issued for limited period - Extended till a particular date - Does not continue to operate till it is vacated...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - In faovur of defendant - Cannot be granted as long as an order of temporary injunction is operating against him - However, in certain cases temporary injunction can also be granted in favour of defendant...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Conduct of plaintiff found to have committed forgery as well as perjury - Not entitled to discretionary relief of injunction...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Court in exercise of its inherent jurisdiction can grant temporary injunction in circumstances which are not covered under O.39 of the Code in exceptional circumstances...........
