Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Trial Court committed error by concluding that there was prima facie case regarding three properties for which injunction was ultimately granted without discussing as to how suit properties were joint - On this count alone order passed by trial Court cannot be sustained and hereby..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Suit for permanent and mandatory injunction - Restraining defendant from blocking and locking common passage, entrance gate and bathroom at ground floor of suit property - Plaintiff by means of her title documents proved that she purchased basement/lower ground floor, right in common..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Cannot be granted to restrain construction work carried by Public Works Department, as it is of public importance and same cannot be stopped by temporary injunction - However, if petitioner construction company succeeds in the suit it can be compensated by awarding suitable compensation - Application..........
Indian Contract Act, 1872, Section 27 -- Injunction - Restraint of trade - Where plaintiff in guise of a confidentiality clause, is attempting to enforce a covenant in restraint of trade, same is void by virtue of S.27 of the Act...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Indian Contract Act, 1872, Section 27 -- Ad interim injunction - Restraint of trade - Allegations that defendants copied data base of plaintiff - However, there is no evidence to remotely indicate that any particular data base of plaintiff is removed or copied by defendants - Fact that defendants approached plaintiff's..........
Civil Procedure Code, 1908, Section 92, Order 1, Rule 8 -- Representative suit for possession and mandatory injunction - Suit for declaration that schedule property belongs to trust - Suit ought to have been either on behalf of deity or if proper reliefs are claimed in terms of S.92 CPC in relation to management and securing property, it should have gone u/s 92 of CPC...........
Civil Procedure Code, 1908, Section 2(2), Order 1, Rule 8 -- Representative suit for possession and mandatory injunction - Suit for declaration that schedule property belongs to trust - No reliefs purely declaratory in nature could have been granted in an ill-constituted appeal and cross objection - Decree as such passed by Trial Court, would only confuse matter relating..........
Arbitration and Conciliation Act, 1996, Section 45 -- Arbitration agreement - Suit for declaration and permanent injunction - Once it is found that agreement in question is a legal and valid agreement, which is capable of being performed by parties to suit, Court has no discretion but to pass an order by referring the parties to arbitration in terms of agreement - Trial..........
Specific Relief Act, 1963, Section 37, 38 -- Permanent injunction - Co-sharer - Restraining other co-sharer from raising construction - Mere making of construction or improvement in the joint property does not amount to ouster of other co-sharer - By raising construction, value and utility of property will not be diminished - No injunction can be issued to restrain the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 4 -- Temporary injunction - Status quo order - Sustainability - Suit for specific performance and permanent injunction - Entire case of plaintiff based on premise that defendant No.3 was acting on behalf of defendant Nos.1 and 2, when he signed the agreement to sell - However, there is not even a shadow of evidence produced..........
