Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of commissioner - Merely on the basis of assertions made by petitioner in his application filed U.O.39.R.7 CPC, wherein he has claimed to have possession over subject land, trial Court cannot appoint a Commissioner so as to serve his cause...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance, cancellation of sale deed executed by owner in favour of Respondent No.2 and suit for permanent injunction - Plaintiff ready and willing to make the balance payment and getting sale deed executed in his favour - Prima facie case is in favour of plaintiff - Plaintiff..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Extended from time to time - Revisional Court stayed all further proceedings of the suit till disposal of revisional application - Stay order cannot be construed to debar trial Court from taking up interlocutory applications as well - Trial Court directed to dispose of injunction application as..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Copyright infringement - Rejection of the Suit - Whether the High Court erred in setting aside the order of the Commercial Court and thus rejecting the application under O.7.R.11 CPC? - The question pertaining to ascertaining the true nature of the `Proprietary Engineering..........
Civil Procedure Code, 1908, Section 39 -- Execution - Court which passed decree is entitled to execute decree...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Court can grant temporary injunction even without issuing notice to respondents...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Issuance of urgent notice to defendant - When there is urgency in the matter the attitude of Courts in posting the matter to a longer date, defeat the purpose of O.39.R.1 CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Issuance of urgent notice to defendant - Where Court is not inclined to grant temporary injunction or decides to issue urgent notice, Court should issue urgent notice and post the matter to a shortest date...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Suit for cancellation of sale deed - Mere ground or averment in the plaint that executant of a registered document was not of stable mind, cannot be a ground for cancellation of a duly registered document - No prima facie case and balance of convenience is in favour of plaintiff -..........
Civil Procedure Code, 1908, Order 39, Rule 11 -- (As in Bombay) - Striking off defence - Violation of order granting maintenance - Divorce proceedings - Husband violated order granting maintenance - Although prayer is not sought for dismissal of divorce petition, however, there is no impediment in granting such relief as order granting maintenance is breached - Direction..........
