Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Police protection - Even in a case where there is a violation of an injunction order in a suit as opposed to a situation where only a threat of violation of exists, order of police protection may be granted if the rights of parties are determined either finally in the suit or, at least..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for specific performance - Restraining defendant from selling, transferring, alienating or creating third party rights in suit property - No concluded contract between parties - Exact area of subject matter of transaction in dispute - Plaintiff did not express readiness and willingness to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary Injunction - Contentions issues involved in the case - There are also various documents on record which are required to be appreciated in the light of evidence that might come on record - Parties directed to maintain status quo as regards possession of the property in question...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Grant of - Validity - Plaintiffs filed suit on basis of intestate succession from their father in whose favour there is a registered document of transfer by grand mother - Defendant's contention that his mother was only defendant's benamidar and he alone paid consideration for purchase - Held, issue..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Failure to prove prima facie case to go for trial - Injunction cannot be granted even if balance of convenience is in his favour or that he will suffer irreparable loss and injury, if no injunction is granted...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Order finally deciding temporary injunction application - Such order is not an interlocutory order - Against such order appeal/revision is maintainable...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2, 2A -- Temporary Injunction - Police aid - Normally in civil matters unless and until the rights have been crystallized and it is clear to the mind of Court that a party without any semblance of right is violating the orders of the Court the interference of police should not be called for...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 16 -- Temporary injunction - Suit for specific performance - Time essence of contract - From the date of agreement to till the date of suit, plaintiff/purchaser sat quiet without taking any steps to perform his part of contract under the agreement though agreement specified period of four..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Implementation - Police protection - When there is threat of breach, disobedience or violation of order of injunction, Court can grant police protection - Party complaining violation of ad interim injunction may file not only an execution petition U.O.21.R.32 CPC or an application..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining dispossession from the suit premises - Concept of "settled possession" cannot be equated with "legal possession" in all matters - Rejection of prayer for injunction on footing that possession can be granted only to the person who has a legal right to occupy premises and that plaintiff..........
