Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Contract to construct hospital building - Labour of contractor occupying huts at site - Held, labourers have no relationship with hospital either as licencee or lessee - On completion of work labour is liable to vacate huts - Not entitled to injunction on basis of possession...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Person in illegal possession - Not entitled to injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - A person in unlawful possession has no legal right to claim injunction against the true owner...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Discretionary power of Court - In exercise of discretionary power Court should also call upon the plaintiff to file a bond to the satisfaction of the Court that in the event of his failing in the suit to obtain the relief asked for in the plaint, he would adequately compensate the defendant for the..........
Civil Procedure Code, 1908, Section 9, Order 39, Rule 1, 2 -- Award of damages arising due to obtaining ad interim injunction and suit ultimately failing - Trial Court can award damages beyond its pecuniary jurisdiction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction restraining Municipal Board from realising octroi - Normally no temporary injunction should be granted restraining realising of public revenue - Even if plaintiff establishes prima facie case, the Municipal Board should not be restrained from realising Octroi, as other ingredients for temporary..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Prin-ciples governing - Three principles viz (1) Prima facie case (2) Balance of con-venience (3) Irreparably injury - All the three conditions to be established - Prima facie case does not mean to examine the merits of the case closely - Plaintiff need not to establish title - Plaintiff has to show..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Grant of - The Court is ultimately guided by the principles of equity...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Grant of - Is a discretionary relief - Appellate Court should not interfere with such discre-tionary power of trial court - Mere possibility of coming to a different conclusion on the same facts and evidence not a ground for interference with discretionary relief...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Prima facie case - Matter to be looked into the face of it and not to dwell into it...........
