Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance and permanent injunction - Entire sale consideration amount received and possession delivered - Subsequently suit land mortgaged with Bank - Vendor not a defaulter in paying instalments to Bank - Bank not adversely affected by grant of temporary injunction - Status quo..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - For grant of ad interim injunction Court has to consider three aspects viz. (i) prima facie case, (ii) balance of convenience and (iii) irreparable loss...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-owner - Can seek injunction if the act of co-owner amounts to ouster or is adverse to interest of co-owner who is out of possession...........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Banking service - Travellers cheque - Refund - Loss of travellers cheque intimated immediately - All the requirement as per terms of agreement followed by the respondent - Not the case of appellant that these cheques were ever presented for encashment and they have paid after comparing the signatures of the..........
Consumer Protection Act, 1986, Section 2(1)(g), Motor Vehicles Act, 1988, Section 126 -- Insurance claim - Repudiation - Vehicle in question became stationary and immobile due to breakdown of axle - Hit by a vehicle even though it was in its extreme left of the roadside - Under second part of S.126, the vehicle was not in such a condition that it could not have been..........
Civil Procedure Code, 1908, Order 23, Rule 1, 2, 3 -- Void order - Limitation to challenge - It must be challenged before a competent court of law within limitation - A party and a participant of a compromise and decree passed on that basis, cannot deny knowledge of the same so as to challenge it any time...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 7, Rule 11 -- Ad interim injunction - Dismissal of application U.O.7.R.11 CPC is not of much significance - Disputed questions of fact cannot be gone into while deciding an application U.O.7.R.11 but while passing an order on grant of injunction Court can take into consideration disputed..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Conduct of parties is relevant for grant of ad interim injunction - Court while granting an order of injunction would take into consideration as to whether plaintiff has pre-varicated his stand from stage to stage...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Court to pass an order having regard to prima facie case, balance of convenience and irreparable injury - Finding on `prima facie case' is a finding of fact - Court while arriving at a finding of fact must arrive not only that a case for trial has been made out but also other factors requisite for..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining alienation - Prima facie case - To come to such a finding Court can take into consideration the extent of plaintiff's share in the property, if any...........
