Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Writ petition - Maintainability - Challenging dismissal of application for rejection of suit on ground of no cause of action - Suit for permanent injunction was filed by plaintiff/respondent to restrain petitioner/defendant from infringing copyright - Whether plaintiff would succeed or not, cannot dictate existence of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising construction of balcony on agricultural land belonging to plaintiff - Defendant was raising construction on plots purchased by him - If he was restrained from raising construction by temporary injunction, then he would suffer irreparable loss - Plaintiff is having..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff failed to make out a prima facie case for grant of temporary injunction restraining defendants from carrying out construction work in the suit property and from selling, disposing or creating any third party interest in suit property - It is also not the case where irreparable harm and..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Plaintiff failed to make out a prima facie case for grant of interim injunction - Resultantly, no prima facie case is made out by plaintiff for grant of attachment of suit property under provisions of O.38.R.5 CPC - Moreover, application filed by plaintiff is bereft of any details as to how relief..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Prima facie case is in favour of plaintiff - Balance of convenience and irreparable loss also lie in favour of plaintiff - Interim relief of temporary injunction restraining defendants, their agents, servants and all other persons claiming through or under them,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and permanent injunction - Amendment application filed without assigning any reason as to why plaintiffs could not have raised the matter before commencement of trial - Moreover, fact regarding possession of defendants over suit land was pleaded by defendants from very beginning of..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Relief of permanent injunction sought for with a specific allegation made against a particular person, must confine to that person...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Death of defendant No.1 during pendency of second appeal - Entire allegation about attempt being made to interfere with possession and enjoyment of suit property has been made against defendant No.1 in his individual capacity - Allegation that was made by plaintiff should confine..........
Tender -- Bid - Injunction or interference in tender leads to additional costs on State and is also against public interest...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A, Limitation Act, 1963, Article 113 -- Amendment of written statement setting up counter claim seeking relief of mandatory injunction - Counter claim sought to be set up after five years of filing of written statement - Suit for mandatory injunction is governed by Article 113..........
