Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-sharers - Alienation - Both the plaintiffs, one of advanced age and the other due to his infancy require protection of their interest - More so, being co-sharers, in case of alienation, their interest would be adversely affected - Balance of convenience lies in favour of plaintiff - Due to grant..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 37, 38 -- Letter of Credit - Law of injunction against honoring Letter of Credit by a bank summed up as follows: (i) Court must be slow in granting an order of injunction restraining realization of a bank guarantee or Letter of Credit; (ii) There are two exceptions to above rule: (a) it..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 37, 38 -- Banking law - Law of injunction - Injunctions against negotiating banks for making payments to beneficiary must be given cautiously as constant judicial interference in normal practices of market can have disastrous consequences as it affects the trustworthiness of Indian banks..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Merely by tying cattle-heads or making hutments, plaintiff would not get any right, title or interest in suit land which apparently belongs to Municipal Committee - Plaintiffs are merely encroachers on suit land without having any right, title or interest therein - Balance of convenience lies in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Dispute over connection of electric motor on a land - Prima Facie made out that parties are jointly recorded as owners being co-sharers - Held, Plaintiffs being co-sharers cannot be prevented from using the electric motor connection which is existing in the name of petitioner, as per share...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Validity - Evident from mutation record that Punjab wakf board is owner of suit property - Respondents are in peaceful possession over a property since long time - Held, Chief Executive Officer has no right to remove the encroachment from the wakf Property - Grant of temporary injunction to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Implementation - Police aid - Police officers are duty bound to enforce the order of interim injunction of Court and give protection and assistance to petitioner who obtained such order in his favour and sought such protection by making a complaint...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1 -- Interim injunction - Appeal - Trial Court committed error by granting ex-parte interim injunction, that too without inviting objections from defendant - Moreover, Court also did not observe three conditions, i.e prima facie case, balance of convenience and irreparable loss and..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Both parties claiming possession - Both parties filed suits and obtained injunction - Primary duty of Court is to protect subject matter of lis with existing status quo as on date of suit - Court can impose terms - Court taking over possession as a custodia legis, entrusted it to plaintiff to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for specific performance - Material terms and conditions of contract not concluded and recorded between parties - No prima facie case in favour of plaintiff - Moreover, in this case Court may not be able to grant any prayer for specific performance as such no interim relief can be granted...........
