Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad-interim injunction - Restraining defendants from constructing over newly craved out plots - Plaintiffs contended that light, air and approach to her plot from both the sides will be obstructed if said construction is made out - However, prima facie no case is made out that plaintiff is enjoying such rights by way of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Second application - Cannot be treated as `res judicata' but if same thing has been pleaded then that may be treated as an abuse of the process of Court and the application can be rejected on that ground...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 15, Specific Relief Act, 1963, Section 34 -- Suit for injunction - Railway authorities claiming suit land issued notice to plaintiff under 1971 Act - However, plaintiff instead of taking recourse of appropriate provision of law has instituted suit by..........
Constitution of India, 1950, Article 136, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Special Leave Petition - Maintainability - RUIAS agreed not to prosecute the suits against MGG - Continuance of SUITS-II and III is without any cause of action and an abuse of the judicial process - Therefore, no cause of action insofar as MGG and its officers, neither..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - A party who chooses not to participate in Court proceedings and stay, must suffer, the consequences of the relief of injunction order...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Trade mark - Injunction - Against use of plaintiffs DTH services and trade name `Tata Sky' on any of the defendants website - Plaintiffs have been licensed by Government of India for conducting business of DTH operator and subscribers are not entitled to re-transmit DTH signals through any means - However, defendants..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Injunction is an equitable relief - He who seeks injunction must come to Court with clean hands - Person approaching Court with unclean hands - Held, this by itself is sufficient ground for not granting relief of injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Joint owners - Petitioner raised construction on a part of the suit land - Held, petitioner has waived her right to assail and question the construction being raised by the respondents...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-owners, joint-owners - (i) a co-owner is not entitled to an injunction restraining another co-owner from exceeding his rights in the common property absolutely and simply because he is a co-owner unless any act of the person in possession of the property amounts to ouster prejudicial or adverse..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Claiming right to enjoy the tenanted premises by providing reasonable access to tenants - Plea of inconvenience and breach of privacy by landlord - Plea rejected, as in case of conflict between inconvenience and right, latter would prevail - Right comes first, inconvenience later - Right is..........
