Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Stay of dispossession of defendant by plaintiff cannot be granted in a suit filed by plaintiff - Stay which can be granted on an application filed by a party to the suit is restricted to preventing the wasting, damaging, alienation, sale and removal of property...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Stay of dispossession of defendant by plaintiff cannot be granted in a suit filed by plaintiff U.O.39.Rr.1, 2 - Held, Court cannot grant injunction by taking recourse to S.151 CPC when application is not maintainable U.O.39.Rr.1, 2 CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Besides consideration of basic elements, Court must consider conduct of parties - While considering an application for grant of injunction, the Court will not only take into consideration the basis elements in relation thereto, viz. existence of a prima facie case, balance of convenience and..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Mandatory injunction - Restraining Municipality from grant of licence to run power loom in residential locality on ground that will cause nuisance - Power of Municipality or local body cannot be whittled by Civil Court - However, plaintiff who will be affected by the running of a power loom is required to be heard before the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Bank guarantee - Enforcement - Grant or refusal of injunction to restrain the enforcement of a bank guarantee or a letter of credit summarized as : (i) While dealing with an application for injunction in the course of commercial dealings, and when an unconditional bank guarantee or letter of credit..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint after framing of issues and decision of application for temporary injunction - Certain developments after filing of plaint necessitating amendment to claim relief of mandatory injunction - Amendment allowed...........
Specific Relief Act, 1963, Section 37, 38, Civil Procedure Code, 1908, Order 7, Rule 7 -- Subsequent events - Moulding of relief - Suit for permanent injunction restraining defendants from demolishing chubaches and filling up the well - Trial Court found that defendants demolished chubaches and filled up the well after filing of suit - Dismissed suit for want of amendment..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Section , Order 43, Rule 1(r) -- Temporary Injunction - Scope of interference in appeal - Appellate Court is required to interfere in order passed by the Trial Court on application under order 39 Rules 1 & 2 for temporary injunction when Trial Court acts arbitrarily, capriciously or perversely in..........
Civil Procedure Code, 1908, Order 39, Rule 3A, 4, Civil Procedure Code, 1908, Order 43, Rule 1 - - Injunction - Vacation - Non disposal within 30 days - Affected party can prefer appeal - Limitation for filing appeal commences on date when it was clear that application is not disposed of...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g) -- Charand - Injunction claimed on the basis of cultivating possession - Earlier writ petition by the residents of the village with regard to shamlat land dismissed with cost - Part of suit land subject matter of dispute in said writ also - Jurisdiction of..........
