Civil Procedure Code, 1908, Order 39, Rule 3 -- Ad interim injunction - Order to issue notice to the opposite party - Mandate of O.39.R.3 is issuance of notice unless Court records reasons for coming to the conclusion that object of ranting injunction would be defeated - No illegality committed in order to issue notice to the opposite party - Order impugned not..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Both plaintiff and defendant are in equal shares of property - Defendant is wife of plaintiff and plaintiff already directed to provide residence in shared household to his wife/defendant in petition u/s 23 of PWDV Act filed by her - In such situation granting of injunction in favour of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3 -- Ad interim injunction - Notice - Issuance of notice is a rule and grant of an ex parte injunction order an exception - Wherever Court chooses to follow exception, it has to necessarily comply with the mandatory requirement of recording reasons for its option that object of granting injunction would be defeated by delay...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Cannot be granted without discussing the essential elements of prima facie case, balance of convenience and irreparable injury...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Cannot be passed against unknown persons - O.39 CPC confers powers to the Courts to issue injunctions only against `the defendants' and not against `a defendant'...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - Where ex parte ad interim injunction is granted, opposite party against whom an order of injunction is passed is required to be served with the copy of order along with other relevant documents on same day or next day and plaintiff has to file such an affidavit of compliance in the Court...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Infringement of Trademark - Injunction cannot be passed against unknown defendants/infringers - However, this does not mean that plaintiffs are remediless against unknown infringers in case of mass infringement of trademark - Remedy is available in Trademark Act itself by way of criminal complaint..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Order is not executable - In extreme urgency recourse can be had to S.151 CPC for implementing the order - First remedy available is U.O.39.R.2-A and power u/s 151 CPC can be invoked only after exhausting the remedy U.O.39.R.2-A CPC...........
Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Order 39, Rule 7, Civil Procedure Code, 1908, Section 94 -- Joint family business - Suit for rendition of accounts - Order appointing Advocate Commissioner to take inventory of business conducted in joint family business and to take note of the accounts - Order upheld...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 41, Rule 1(r) -- Appeal - Ex parte injunction order - Provisional, temporary or interim order rendered U.O.39.Rr.1, 2 CPC is appealable U.O.41.R.1(r) CPC - However, aggrieved person can also recall such ex parte interim injunction order...........
