Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Land given to plaintiff by Municipal Council on Teh Bazari for construction of shop - Plaintiff filed suit for permanent injunction claiming himself to be statutory tenant - Provisions of Rent Act not applicable as per notification dated 3.6.1959 to building and rented land belonging to Municipal..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Agreement to sell - Specific performance - Temporary injunction - Plaintiff having apprehension that if defendant alienates suit property during pendency of suit alienee may claim to be bona fide purchaser without notice of suit and therefore, may create complication - Held, this apprehension of plaintiff can be redressed..........
Civil Procedure Code, 1908, Section 95 -- Compensation - Suit if filed without sufficient grounds and in such a suit plaintiff obtains an interim order of arrest, attachment or temporary injunction, Court can grant compensation - Three things implicit in this provision are : (i) if no interim order (of arrest, attachment or injunction) is obtained by the plaintiff, Court..........
Civil Procedure Code, 1908, Section 95 -- Compensation - Suit if filed without sufficient grounds and in such a suit plaintiff obtains an interim order of arrest, attachment or temporary injunction, Court can grant compensation - Three things implicit in this provision are : (i) if no interim order (of arrest, attachment or injunction) is obtained by the plaintiff, Court..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1 -- Temporary injunction - Exparte interim injunction or interim injunction after notice or interim injunction after deciding the application finally, are all orders U.O.39.R.1 & 2 CPC against which an appeal lies u/s 43 rule 1 CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Injunction granted without adverting to the three considerations viz. (i) prima facie case; (ii) balance of convenience and inconvenience and (iii) irreparable loss and injury - Impugned order set aside...........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Temporary injunction - Application for local inspection of disputed land with regard to existence of pathway - Rejection thereof - Legality - Held, existence of pathway can only be ascertained by way of taking measurement of plot of land in question and plot adjacent thereto - Rejection of application for local inspection..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex-parte temporary injunction granted - Subsequently injunction application dismissed - Appeal against - Both the parties through respective counsels sought direction to the trial court to decide the suit within a particular period and further directing for maintenance status quo during pendency of the suit - In view of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Failure to establish ownership - Only on the basis of possession on public land plaintiff cannot claim prima facie case in his favour nor balance of convenience is in his favour as land in dispute is for use of public - Temporary injunction declined - Order upheld...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Trespasser - A person in settled possession cannot be evicted forcibly even by the true owner - However, the true owner has every right to dispossess or throw out a trespasser, while he is in the act or process of trespassing - Even a trespasser who is in settled possession of property can seek an..........
