Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Implementation - Police aid - In a fit case Court can direct police aid as a preventive measure - This power though not expressly conferred, is a power incidental or ancillary to the exercise of the power to grant injunction pending the suit...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Entries appearing in the record of rights are not the foundation of title but are mere items of evidence - An adverse entry in the record of rights did not per se oblige the person in possession of land to sue for a declaration of title...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Three tests are (i) Prima facie case (ii) Balance of convenience (iii) Irreparably injury - If one of such tests is not satisfied, Court is well within its jurisdiction to refuse injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff filed earlier suit for possession and injunction in respect of the same property - Dismissed - Plaintiff filing subsequent revenue records showing his prima facie possession of suit property - Presumptive value of those records eroded by the circumstance of dismissal of earlier suit -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - No interim relief which ultimately decides the main controversy of the suit can be granted while adjudicating upon the application U.O.39.Rr.1, 2 CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Person holding title but not in possession - Not entitled to temporary injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Restraining defendant from alienating and/or making construction beyond his share and particularly on any specific portion of the house without getting it partitioned - House alleged to be joint property of the parties as per Will - Defendant alleging to be in possession of a specific portion on basis of an earlier Will in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Recording of reasons for passing ex parte order of interim injunction is mandatory - An ex parte interim order passed without recording reasons is void...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Considerations which ought to weigh with the Court (i) Extent of damages being an adequate remedy; (ii) Protect the plaintiff's interest for violation of his rights though however having regard to the injury that may be suffered by the defendants by reason therefor; (iii) The court while dealing with..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - No fresh injunction can be granted on same facts which were in existence at time of passing earlier order of injunction by trial Court and affirmed in appeal...........
