Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Implementation - Police protection - When there is threat of breach, disobedience or violation of order of injunction, Court can grant police protection - Party complaining violation of ad interim injunction may file not only an execution petition U.O.21.R.32 CPC or an application..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Temporary Injunction - Violation - Order of status quo regarding existing position of suit property - Placing of stack of dung cakes, which is movable property and installation of fodder cutting machine - Held, not violative of status quo order...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining dispossession from the suit premises - Concept of "settled possession" cannot be equated with "legal possession" in all matters - Rejection of prayer for injunction on footing that possession can be granted only to the person who has a legal right to occupy premises and that plaintiff..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - One of the foremost considerations for grant or refusal of a prayer for injunction is the conduct of the parties...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Possession in pursuance of agreement to sell - There is no bar against grant of injunction even against the subsequent purchaser...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Possession in pursuance of agreement to sell - There was no period of completion of transaction - Plaintiff also relies on a Will and power of attorney - Suit filed after 7 years of agreement - Plaintiff has no prima facie case in his favour as he had not taken a document of sale in the manner that law..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Restraining from disconnecting/shifting/transferring the electric tubewell connection - Tubewell connection installed in the land of plaintiff - However, electric connection in the name of defendant, who is an ex serviceman - Connection allotted to defendant under a special category by relaxing rules - A..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 26, Rule 1 -- Temporary injunction - Inspection of property - Inspection of any property which is subject matter of suit can be permitted only with a view to arrive at a just decision for considering an application preferred U.O.39.Rr.1 & 2 - If adequate material is already available to..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Implementation - Police help - Cannot be denied on the ground that defendants were arrested u/ss 107/151 Cr.P.C. as there was scuffle between the parties - Held, it rather strengthens the case of plaintiff for grant of police help as it depicts that defendants did try to interfere in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for specific performance - Injunction to restrain vendor from transferring, assigning, leasing, mortgaging the property in dispute - Time regarding payment of balance price was the essence of contract and such payment was not dependent upon plaintiff's satisfaction regarding title and also not..........
