Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Refusal - Appeal - Appellate Court is not supposed to interfere with the discretion exercised by trial Court - Trial Court itself held that plaintiff has prima facie case but declined injunction on ground of delay and laches - There was no delay or laches - Interference with such order is..........
Court Fees Act, 1870, Section 7, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Plaintiff filed suit for mandatory injunction seeking direction to defendant to make payment of damages of Rs.One lac for his act and conduct which resulted into lowering prestige, status and honour of plaintiff in eyes of public - Ad valorem Court fee not paid - Suit dismissed - Appeal..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Bank guarantee - Invocation and encashment - Bank guarantee has to be honoured in accordance with its terms - Exceptions to this rule are when there is a clear fraud on the part of beneficiary of which bank has notice - Secondly there are special equities in favour of grant of injunction - Appeal..........
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, Section 9, Order 39, Rule 1, 2 -- Interim Injunction - Bar of jurisdiction of Civil Courts - Plaintiff secured loan by hypothecation and charge from the Financial Institution - Financial Institution issued notice for enforcement of obligation - Plaintiff filed suit for mandatary injunction - Application for interim injunction also filed -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim Injunction - Reliance on earlier decision - Suit for Permanent Injunction by Mandir through Mahant - Courts below relied on findings recorded in some other litigation - Granted interim injunction holding that prima facie Mahant entitled to manage properties of Mandir - Orders challenged on ground that appeal..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Petitioner filed suit for permanent injunction - Trial Court held defendants cannot be restrained from raising construction on their own land in their possession - Status quo ordered regarding natural flow of water - Petitioner filed appeal - Dismissed - Concurrent findings - No document on record to prima facie prove that..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Power to grant Temporary Injunction - Exercise of - When to be granted - Appeal dismissed for default - Re admission on application - Such application falls with in meaning of proceeding - Power u/s 94 CPC not Available - Court not competent to grant injunction u/o 39.R.1, 2 CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Encroachment - Removal - Plaintiff directed to remove his encroachment from disputed land in ejectment proceedings - Appeal not preferred against such an order - Plaintiff failed to prove prima facie case - Injury likely to be caused by ejectment of plaintiff was taken care of by State by offering..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte temporary injunction - Application U.O.9.R.13 to set aside exparte temporary injunction - Not maintainable - For setting aside such an order, only course open is to file an appeal or to seek adjudication of matter on merits...........
