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BOMBAY HIGH COURT

Year of decision: 1990
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Negative covenant in a contract of employment by which employee binding himself during his period of service from seeking employment elsewhere or engaging in any trade or business Court can grant a limited injunction to the extent that is necessary to protect the employer's interest where the negative..........

ANDHRA PRADESH HIGH COURT

Year of decision: 1990
Details

Consumer Protection Act, 1986, Section 12, 2(g), 2(0), 2(D) -- Non-silting of canal - Grievance of complicity between the officials and the contractors who are entrusted with the work of desiltation - Government owes a duty to remove the silt in the canals - Complaint is entertainable by District Forum...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 1990
Details

Civil Procedure Code, 1908, Order 18, Rule 2(2) -- Defendant admitting and supporting the case of plaintiff - Right to lead evidence - Held, such defendant has right to lead evidence before the contesting defendant is called upon to lead evidence...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 1990
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 41(h) -- Temporary injunction - Agreement to sell-Held, when equally efficacious remedy by suit of specific performance is available then suit for injunction restraining vendors from selling the property is not maintainable...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 1990
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - party in possession for a sufficient long time is entitled to retain it unless dispossessed in due course of law...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 1990
Details

Civil Procedure Code, 1908, Order 21, Rule 1, 2 -- Payment of decretal amount - Receipt not obtained - Cannot be proved by examining witnesses...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 1990
Details

Civil Procedure Code, 1908, Section 115, Order 39, Rule 1, 2 -- Construction in violation of Municipal Building Bye-laws - Neighbour has locus standi to file suit - Injunction granted by Courts below - Interference in revision declined...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 1990
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad - interim injunction - consent decree challenged being result of fraud and that plaintiff is the owner the land which was given on lease to the defendant - Defendant raising contention that he had become owner of the land before passing of the decree on found of adverse possession as he never paid Batai - Suit dismissed..........

ALLAHABAD HIGH COURT

Year of decision: 1990
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction directing parties to maintain status quo - Prima facie case & balance of convenience aspect of the matter not considered - Order of interim injunction is unjustified and is liable to be set aside...........

RAJASTHAN HIGH COURT

Year of decision: 1990
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction can be granted even when relief for permanent injunction is not claimed in the main suit...........

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