Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Tenanted premises - Reconstruction of roof by tenant - Tenant is duty bound to maintain leased premises in as good a condition, as they were when they were let out - He has right to effect repairs in tenanted premises in terms of S.108(m) Transfer of Property Act - Provision in Rent Act enabling..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Encroachment on road - Report of Local Commissioner that plaintiff has encroached 5 feet street land in front of his house - Held, interim injunction rightly denied to him...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Partner - Restraining retired partner from using trade mark of firm - Defendant alleging no dissolution of firm in the eye of law and that he is still a partner of the firm - In the caveat filed by defendant, intimation to tax authorities and settlement of accounts, though disputed, are sufficient for decision of temporary..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Police help to implement order of temporary injunction - When once an injunction order is not carried out, it is always open for the parties to seek police protection to see that the order of temporary injunction is properly implemented...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction in a suit for declaration that orders for restoration of Khal for two crops of Sub Divisional Canal Officer and Divisional Canal Officer illegal, null, void and without jurisdiction - Orders passed after Sub Divisional Canal Officer visited the spot and verified the averments and relief granted for two..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Agreement to sell - Suit for specific performance - Restraint order from interference with possession sought - Agreement denied by vendor - Vendor alleged possession of another vendee under registered sale deed - Plaintiff admittedly in possession - Plaintiff having prima facie case on raising a..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Subsequent events making interim injunction infructuous - Proper course - Appeal allowed - Interim injunction vacated - Suit to be disposed of expeditiously...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Wall demolished and new door and window opened despite knowledge of temporary injunction - Defendant directed to undo the wrong done by demolishing the construction made during the pendency of litigation and both parties to be relegated to the position of status quo ante on the date of passing of temporary injunction by..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction u/s 151 can be granted in a case when any of the ingredients for the grant of temporary injunction is missing when granting of temporary injunction is found to be imperative in the interest of justice...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Application rejected - Even then plaintiff can move fresh application u/s 151 CPC with a distinction that in case temporary injunction is granted under O.39.Rr.1, 2 then Misc. appeal is maintainable under O.43.R.1 but if an injunction is granted under S.151 then no Misc. appeal is..........
