Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Court while considering prima facie case has to examine defence sought to be raised by defendant - However, Court cannot make observations regarding merits of document and plea raised by defendant as it is wholly unnecessary for the purpose of arriving at a finding regarding prima facie case - Such..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Disobedience of injunction order - Plaintiff has to establish beyond any shadow of doubt that defendants had committed disobedience or breach of order of injunction, as in such proceedings principles of criminal law as to appreciation of evidence apply...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Disobedience of injunction order - Appreciation of evidence - Different in a suit and application U.O.39.R.2-A CPC, as such, suit and such application has to be decided separately...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 7 -- Local Commissioner - Ascertainment of illegal construction raised by defendant - Record demonstrates that defendant raising construction as per bye laws and norms of Municipal Council - Moreover, Municipal Council has issued notice with respect to certain deviations - Existence of deviations on the spot is a..........
Civil Procedure Code, 1908, Order 39, Rule 2A, Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Section 151 -- Interim injunction - Violation of order - Appointment of local commissioner - In the instant case, defendant continued construction on disputed property after the order of interim injunction - Said act of defendant amounts to disobedience..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff able to show his prima facie case by depicting that he is owner in possession of suit land (his name being recorded in khasra and Khatauni in revenue records) - Relief of temporary injunction rightly granted in favour of plaintiff...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 38, 41 -- Injunction and temporary injunction - Parameters for deciding temporary injunction application and suit for permanent prohibitory injunction are entirely different - One is governed by O.39.Rr.1,2 CPC and the other is decided on the basis of provisions contained in Specific Relief..........
Civil Procedure Code, 1908, Section 80(2), Order 39, Rule 1, 2, 3, Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Ex-parte interim order passed against Government, who is not party to suit - Without recording reasons and without issuing show-cause notice - Order passed is vitiated by illegalities and is hereby set aside - Petition allowed...........
Civil Procedure Code, 1908, Order 39, Rule 1, Trade Marks Act, 1999, Section 29 -- Infringement of Trade Mark - Injunction - Passing off - Evidence led by plaintiffs witnesses duly proved contents of plaint and case set forth by plaintiffs - Even, despite sending letters defendant No.1 failed to appear in the case and rather went on infringing plaintiffs trade mark -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 14(1)(c)(e) -- Interim injunction - Private contract of personal service - Courts do not grant injunctions to direct continuation of a contract which by its terms is determinable vide Ss.14(1)(c), 41(e) of Specific Relief Act...........
