Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Mandatory interim orders are issued in exceptional cases, only where failure to do so will lead to an irreversible or irretrievable situation...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Restraining defendant from interfering in possession and alienating the suit property - Agreement to sell categorically denied - Court erred while holding prima facie case in favour of plaintiff - Failure to establish all the three ingredients for grant of temporary..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Agreement to sell - Suit for specific performance - Alienation - Substantial amount as earnest money already paid - Temporary injunction cannot be declined on the basis that alienation will be subject to law of lis pendens - No interference warranted in order of lower appellate court granting stay of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Unpartitioned property - Restraining other co-sharer from raising construction - A co-owner cannot seek injunction retraining another co-owner from raising construction - However, defendant cannot raise any claim qua the property just on the basis of his raising construction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Declined by trial Court - Order based on objective consideration of material on record - Appellate Court not to interfere because different view is possible...........
Trade Marks Act, 1999, Section 135, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Trade mark - Appellant running business school with name prefix `Skyline' - Respondent establishing Institute of Engineering and Technology by prefixing the name `Skyline' - Appellant claimed to be prior user - Injunction refused - Word `Skyline' is a generic word..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Electricity Act, 2004, Section 54, Electricity (Supply) Act, 1948, Section 42, Telegraph Act, 1885, Section 10 -- Laying electric head lines - Temporary injunction to restrain defendants from laying the over head electric lines etc. - The licensee under the Electricity Act and the Telegraph Act does not acquire any land, it..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Besides basic elements, Court has also to take into consideration the conduct of the parties for grant of injunction...........
Civil Procedure Code, 1908, Order 39, Rule 3-A -- Exparte temporary injunction - Application for vacation of stay - To be decided within 30 days of the date on which temporary injunction was granted exparte...........
Civil Procedure Code, 1908, Order 39, Rule 1(a) -- Temporary injunction - Defendant can seek injunction against plaintiff on the grounds mentioned in O.39.R.1(a) CPC but cannot seek injunction on the grounds other than those mentioned in O.39.R.1(a) - Defendant cannot invoke inherent powers under Section 151 of the Code for seeking temporary injunction on grounds other..........
