Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Prima facie case - Burden of proof - Appellant tried to raise certain doubts over title of respondent No.1 - Held, to establish prima facie case burden in on appellant to establish his title and possession over property in suit - He cannot take advantage of weakness of respondent's title...........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Balance of convenience - Respondent No.1 has purchased a land comprising of area of 62376 sq.metres and after getting a plan sanctioned from Agra Development Authority started developing a residential colony thereon - Appellant has alleged in plaint that he had purchased an area of 2977 sq.metres -..........
Essential Commodities Act, 1955, Section 3 -- Ration/Sugar Dealership - Discontinuance - Validity - Fact regarding sub-letting of dealership admitted by original dealer - Plea that taking advantage of her position as female, temporary dealer got documents executed from her, not acceptable - Registered document authorising temporary dealer to work as Ratio, Sugar Dealer..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - In case of permanent or temporary disability then adequate compensation has to be made for the physical injury and treatment and also for pain, suffering and trauma caused due to accident, loss of earning and victim's inability to lead a normal life and enjoy amenities, which he would have enjoyed but for..........
Civil Procedure Code, 1908, Section 94, 135, Order 39, Rule 1, 2, 3A -- and Trade Marks Act, 1999, - Temporary injunction - Registered trade mark - Infringement - Trial court is empowered to consider prayer for grant of an ex parte order of temporary injunction - However, it would be in its realm or domain to examine facts of each case either to grant or refuse an order..........
Civil Procedure Code, 1908, Order 39 -- Temporary Injunction - Alienation of suit property - Wife seeking restraint order against husband - Suit filed after decree of divorce granted in favour of husband became final and also dismissal of application filed by wife u/s 125 Cr.P.C. wherein no provision was made for maintenance of wife including the right of residence in the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration and mandatory injunction - Already in earlier suit temporary injunction was granted - Since suit is at trial stage, it cannot be said whether petitioner has been dispossessed from any portion of suit property during pendency of suit - Petitioner shall amend his plaint and seek..........
Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, Section 3(1)(a) -..........
Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Temporary injunction - Plaintiff claiming right on basis of lease deed - Validity of lease deed can only be decided when parties lead evidence - Right of plaintiff to carry business from the disputed land can only be protected on the basis of his possession - No finding with regard to possession of plaintiff recorded -..........
Words and Phrases -- Final order, interlocutory order, intermediate or intermediary order - Meaning - Final order means a decision finally affecting the rights of the contending parties - A final order is one which leaves nothing more to be decided by its own force - Interlocutory order means a purely interim or temporary nature of an order which does not decide the..........
