Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - In a suit for partition, redemption of mortgage and specific performance of contract, Courts adopt a pragmatic approach to preserve and protect status/nature of immovable property to avoid multiplicity of proceedings and other complications...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for preemption - Court of first instance is expected to examine prima facie case with a practical and pragmatic approach sans purely pedantic and idealistic view of the matter - A litigant, who has approached Court asserting his right of preemption, is required to plead and prove for grant of..........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Ex parte ad interim injunction - Vacation of - Plaintiff nowhere shown to be in possession of any portion of suit property much less exclusive possession of property - No doubt, plaintiff relies on a conveyance deed and mutation of property, however, it is not apparent how he could have claimed that conveyance in respect of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Proceedings in an application for temporary injunction cannot be considered as independent proceedings, separate and distinct from proceedings in suit...........
Criminal Procedure Code, 1973, Section 482, Insecticides Act, 1968, Section 31, 3(k)(i), 17, 18, 33, 39, Insecticides Rules, 1971, Rule 27(5) -- Quashing of complaint - Sanction for prosecution - Offence u/ss 3(k)(i), 17, 18, 33, 39 of Insecticides Act and R.27(5) of Insecticide Rules - In complaint, petitioners not impleaded as accused in their individual capacity, only..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - At the instance of co-defendant - An application for injunction by co-defendant against another defendant is not maintainable...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Violation of injunction order - Three conditions must be satisfied for invoking power U.O.39.R.2-A CPC viz. : (i) there should be order of injunction; (ii) other party has knowledge about injunction order and: (iii) said injunction order is violated or disobeyed...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Violation of temporary injunction order - Proceedings U.O.39.R.2-A CPC are akin to contempt proceedings and are quasi criminal in nature - Higher degree of proof is required for holding guilty of violating order of temporary injunction...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Violation of temporary injunction order - Trial Court holding defendant guilty of violating order of temporary injunction - However, order bereft of any reasoning and there is no discussion regarding material on the basis of which trial Court reached to the conclusion - As higher degree of proof is required for..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Police aid - Grant of police aid during pendency of application to set aside ex parte order - Court to first decide application to set aside ex parte order before embarking upon deciding police aid application - Impugned order set aside - Court to decide application to set aside ex parte..........
