Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Grant of - Guiding principles - 1991 Civil Court Cases 99 (S.C.) followed wherein held: (1) The plaintiff has a strong case for trial i.e. it shall be of a higher standard than a prima facie case that is normally required for a prohibitory injunction; (2) It is necessary to prevent..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Premises let out for commercial purposes alongwith toilet - Defendant closed the toilet - Toilet is essential amenity and is necessary for the enjoyment of the tenanted premises - Court can grant temporary mandatory injunction to prevent irreparable loss...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Injunction being an equitable relief the person seeking injunction must come with clean hands - The well known maxim that applies in such matter is, 'He who seeks equity must do equity; he who comes into equity must come with clean hands; equity acts the vigilant, not the indolent'...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Injunction not to be granted against true owner at the instance of person in unlawful possession...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Person in settled possession of property having no right cannot be dispossessed by owner, except by recourse of law - Theory of acquiescence - Examined...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Joint owners - Property not partitioned - Defendant raising construction over the portion where he had raised construction about 20 years back and the same has fallen due to rains - Trial Court declined injunction - Reversed by appellate Court - Order of trial Court is legal and well reasoned - Order..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suppressing of facts - In an earlier suit ad interim injunction vacated after hearing the parties and this fact concealed in the subsequent suit - Held, plaintiff not entitled to any relief under O.39.Rr.1, & 2...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary mandatory injunction - In appropriate cases can be issued by exercising power u/s 151 CPC - Injunctions are a form of equitable relief and they have to be adjusted or moulded in aid of equity and justice to the facts and circumstances of each particular case...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Concealment of facts by plaintiff - Held, where plaintiff in his pleadings is making concealment of relevant facts, or in case temporary injunction if granted then some persons who are not impleaded as party are likely to be adversely affected, temporary injunction cannot be granted...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Transfer of Property Act, 1882, Section 53A -- Suit for specific performance - Protection u/s 53-A - Can be used as a ground of defence and not as a ground of attack - S.53-A does not confer right on transferee to move application for temporary injunction - S.53-A only creates estoppel against transferor from enforcing any..........
