Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Prima facie case of plaintiffs not made out - Will in favour of plaintiffs on the basis of which they are claiming ownership rights of the entire property is unregistered and not admitted by defendant - Execution of Will yet to be proved - Moreso, plaintiffs himself admitted that before said Will..........
Trade Marks Act, 1999, Section 29, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Trade mark - Infringement - Temporary injunction - Prima facie there is no similarity between story board/script of advertisement of plaintiff`s product and defendant`s product - Script of defendant`s advertisement of product Pudin Hara Lemon Fizz has used `Pet ka Fire Brigade' as a..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 32, Rule 4, Rajasthan Tenancy Act, 1955, Section 212 -- Suit by minor - Dispute as to ancestral property of adoptive family - Legality of registered adoption deed challenged by filing a suit - Adoption deed does not become inoperative - It cannot be thus concluded that minor cannot claim any..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Once it is found that there is no prima facie case established, further aspects of conduct of defendants, balance of convenience, etc. are immaterial and need not to be considered...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for permanent injunction - Relief of specific performance sought by way of amendment of plaint - Principles governing applicability of S.17 of Specific Relief Act and Art.54 of Limitation Act not considered by Court - Moreover, respondents failed to demonstrate the existence of prima facie case..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Prima facie case - Meaning - It is a case which is reasonably arguable, which raises debatable and serious issues, which enables the plaintiff to say something in his favour and which therefore, necessitates the matter to be proceeded to trial...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Hindu Adoptions and Maintenance Act, 1956, Section 22, 21 -- Suit for recovery of arrears of maintenance and fixation of future maintenance - Trial Court created charge upon property of defendant with further direction that defendant will seek permission of Court in case he wants to sell the property - Prima facie case is in..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Defendant can seek temporary injunction in a suit filed by plaintiff only U.O.39.R.1(a) - However, defendant cannot maintain an application U.O.39.R.1(b) and (c) CPC at all, irrespective of the fact that his right to such relief arises either from the same cause of action or a cause of action that..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1 -- Temporary injunction - In cases which do not fall U.O.39.R.1 of the Code, Court has inherent jurisdiction to grant relief of injunction in its discretion, if it is satisfied that such an order is necessary to meet the ends of justice or to prevent abuse of process of Court as nothing in the Code limits or..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining daughter-i, law from interfering in peaceful living of father-i, law along with his wife - House in question is self acquired property of father-i, law and he is exclusive owner of said house in which his son has no right - Daughter-i, law is not entitled to claim any right to live in..........
