Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Court has jurisdiction to order maintenance of status quo as on the date anterior to the institution of suit - Such a direction should be exercised only in rare case and only if (i) Court feels that at the trial a similar injunction in all probabilities will be granted (ii)..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - If a party fails to make out any of three ingredients viz. (i) prima facie case (ii) balance of convenience (iii) irreparable injury which could not be compensated in terms of money, then temporary injunction cannot be issued...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(5)(viii), 13B -- Jamabandi for 1941-42 and other revenue record in column of ownership entry "Shamilat Deh" according (o their respective shares in their Khewat and in column of cultivations entry "possessed by owners"-Irresistible conclusion that land in possession before 26th January, 1950 and stood..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Transfer of Property Act, 1882, Section 52 -- Temporary injunction restraining alienation of property - Principle of lis pendens is no bar...........
Transfer of Property Act, 1882, Section 52, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Order of injunction does not suspend the right to transfer and hence the transfer in violation of the injunction order is not void...........
Civil Procedure Code, 1908, Order 39, Rule 2-A(1) -- Temporary injunction - Disobedience - Punishment - Two modes available to Court mentioned in Rule 2-A(1) - Choosing of punishment is a judicial discretion which depends upon several factors - Gravity of the disobedience and suitability of the particular action to prevent the recurrence of the disobedience are a few..........
Civil Procedure Code, 1908, Order 29, Rule 2-A -- Temporary injunction - Disobedience - Punishment - Purposeful disobedience is necessary for imposing the punishment of any kind - Deliberate commitment of breach by itself not a reason to impose the punishment of imprisonment...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 4 -- `Status quo' - Meaning - Where both the parties claim to be in possession the court should not pass an order of `status quo' - From the material available on record the court is bound to decide as to which party is in possession...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Suit for declaration that retirement on the original date of birth is illegal - Suit ultimately decreed by High Court - subsequent civil suit for recovery of arrears of salary due filed within three years from date of first decree - Not hit by O.2R.2 CPC...........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleading - A case not set up cannot be allowed to be proved...........
