Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - On the ground that material used in building work and machinery etc. is taken away by defendant/Executive engineer - Evidence on record establish that plaintiff violated terms of contract - Even, plaintiff abandoned work without any rhyme or reason causing huge loss to State - Moreover, plaintiff..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit as framed and filed does not have all the necessary parties - Held, no interim relief can be granted in favour of the plaintiffs in such a suit...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Arbitration agreement alleged to be the result of fraud - Ad interim injunction restraining defendants from proceeding with the purported arbitration - When fraud is alleged in execution of the agreement containing an arbitration clause then remedy lies in the civil court - No question of rejection..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Grant against co-sharer - Held, every co-sharer has a right to property and to develop property in accordance with law, subject to the condition that such use of property will not render partition impossible - Either plaintiff may file a suit for partition and injunction, or may bring such facts and..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Refusal - Plaintiff has neither pleaded nor shown that he was exercising any ownership right on the land by cultivating it or otherwise - He did not make any effort to get the share partitioned by meets and bounds - Plaintiff waited and watched defendants to use property to file a suit - In between he allowed..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Refusal - Very right of vendors to execute sale deed-cum-general power of attorney itself is in clouds - There is documentary evidence to establish that defendants, their father and grandfather sold certain extent of land - Encumbrance certificate shows that lands were alienated in favour of plot..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Transfer of Property Act, 1882, Section 52 -- Temporary injunction - Grant of - Sale pendente lite - Effect of provision of S.52 of TPA - Held, provisions of S.52 of the TPA though may be used in cases of sales which came in existence during the pendency of suit or in other fit and appropriate cases but that does not make..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Both the parties claiming to be entitled to the property - Issue as to who is entitled and shares to which are entitled - To be decided after trial of case - In the mean time property needs to be protected - Order restraining defendant from transferring or from alienating the property in dispute..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3 -- Temporary injunction - Dismissal of suit for permanent injunction - Appeal against - Grant of temporary injunction without endorsement regarding service to defendant - Order of status quo passed - Impugned order does not indicate that there was an urgency in the matter - O.39.R.3 CPC not complied with - Notice not..........
