Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Availability of such a right to defendant - Initially restraint order passed from interfering in peaceful possession of plaintiff - Just after five days defendant seeking temporary injunction against plaintiff from changing nature of agricultural land and from selling of land to third parties -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising construction - More than four stories already constructed - Plaintiff has slept over his rights - A person who has slept over his rights is not entitled to equitable relief of injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Electricity - Disconnection - Temporary injunction - Body seal and terminal of meter found to be tampered - Misuse of energy alleged - Consumption of power showing consistent use both during the pre and post period of dispute - Strong prima facie case in favour of plaintiff - Use of electricity is not a luxury but a dire..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Second application is maintainable - Dismissal of earlier application is not the criteria to decide second application - Second application is maintainable on the ground of subsequent events - Court should examine subsequent events in proper perspective...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Issued for limited period - Extended till a particular date - Does not continue to operate till it is vacated...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - In faovur of defendant - Cannot be granted as long as an order of temporary injunction is operating against him - However, in certain cases temporary injunction can also be granted in favour of defendant...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Conduct of plaintiff found to have committed forgery as well as perjury - Not entitled to discretionary relief of injunction...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Court in exercise of its inherent jurisdiction can grant temporary injunction in circumstances which are not covered under O.39 of the Code in exceptional circumstances...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction in exercise of inherent jurisdiction - When can be granted - Courts have inherent jurisdiction to issue temporary order of injunction in the circumstances which are not covered under the provisions of O39 - Inherent power u/s 151 must be exercised only in exceptional circumstances for..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit by partner restraining third party from releasing payment on account of work done by partnership firm - Third party is bound by the agreement entered with the partnership firm - Even otherwise if the partnership is still in existence then it is always open to the petitioner to file a suit for..........
