Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for cancellation of sale deed and permanent injunction - Suit filed after 24 years of execution of sale deed - Plaintiff came out with a very weak case that his father orally gifted the suit property to him that too three years after execution of sale deed in question - No prima facie case is..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Trade Marks Act, 1999, Section 2(zg), 135(1) -- Infringement of trade mark - Injunction - Defendants found in custody of thousands and thousands of counterfeit products including those bearing suit trade marks - Factors establish that defendants are offering counterfeit product bearing the suit trade marks for sale on their..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Temporary Injunction - Suit for partition - In a suit for partition, normal practice is to preserve the property as it is, so that at the time of final decision of suit it may not result in complication and multiplicity of proceedings - Grant of temporary injunction by trial..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Temporary Injunction - Suit for partition - Appellate court while exercising its powers, is required to act with great care and circumspection - Order of temporary injection is not to be interfered with in routine manner unless and until it is noticed by appellate court that..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiffs failed to establish a prima facie case, which is sin qua non, are not entitled to equitable relief of temporary injunction...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from interfering with the plaintiff's peaceful possession and enjoyment of suit property - Plaintiff no.2 though claimed to be owner of suit property but original title deeds of suit property are admittedly with defendants - Even no relief is claimed in the plaint..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad-interim injunction - Restraining defendant to lay water pipes through the suit land along with pucca path - Pucca path passes through suit land and being used by defendant and villagers, which is constructed by Panchayat - It also leads to the house of defendant - Plaintiff failed to produce any material to deny the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Issue of possession cannot be determined in a suit for injunction in absence of a necessary party in the suit...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Competent civil Court is not powerless to grant appropriate relief at the interim stage of civil proceedings even during pendency of decision as to preliminary issue of jurisdiction if raised by party to suit...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Since the letter of administration did not vest any absolute legal title in applicant Nos. 1 & 2 to sell the disputed property, Court below while exercising its power u/s 151 CPC rightly injuncted applicants from creating third party rights in respect of suit property and restrained them..........
