Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 38, 39 -- Suit mandatory and permanent injunction - Directing defendant to close main gate, which had been opened illegally, causing obstruction in usage and occupation of plaintiff - Defendant purchased his house and got it repaired after getting site plan sanctioned from M.C. - As per sanctioned..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Three basic ingredients for granting ad interim injunction, namely, i) a prima facie case, ii) balance of convenience and iii) causing of irreparable loss in case of denial of ad interim injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Once petitioner himself was signatory to mutual settlement, he could not be permitted to turn around and say that said document cannot be read into evidence for purpose of granting ad interim injunction in their favour - Correctness of said agreement and also denial thereof by petitioner would be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Constitution of India, 1950, Article 227 -- Revisional jurisdiction - When applications for interim injunction and interim mandatory injunction are dismissed by trial Court and the said order is also confirmed by Appellate Court, revisional Court would not normally interfere with such orders - The jurisdiction of revisional..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Easementary right of passage - Two passages out of which one is of width of 2 yards located at a height of 2 fee without any vehicles capable of being going through the same - Plaintiff has to be taken to have established prima facie case - Balance of convenience is also in his favour as there are 11..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Guidelines as pointed out by Supreme Court are : (1) the existence of a strong case for trial, the standard of which shall be higher than that of a mere prima facie case required for a prohibitory injunction; (2) the necessity to prevent irreparable or serious injury, which cannot normally..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Injunction order - Disobedience - Petitioner in Court made statement that petitioner would not mortgage, sell or destroy property in dispute - Petitioner on basis of agreement to sell of even date, executed sale deed by flouting undertaking given before Civil Court - Appellate Court while commenting upon nature of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - No dispute that parties are co-owner/co-sharer - Only partition of property can resolve dispute - Injunction granted in favour of plaintiff is only to protect his possession till competent Court passes an order of partition and thereafter orders delivery of possession - Petition dismissed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Cannot be granted after Court reaches conclusion that plaintiff has no prima facie case even when defendant was proceeded ex parte...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Application U.O.39.R.2-A CPC - Forum to move an application - Court where main proceeding is pending deals with an application U.O.39.R.2-A CPC - Similarly, appellate Court (if the appeal suit is pending on its file) shall deal with an application alleging violation of injunction in respect of an interim order passed in..........
