Civil Procedure Code, 1908, Order 39, Rule 1, 2, Easements Act, 1882, Section 52 -- Ad-interim injunction - Right of inhabitant of an old age home to stay in such old age home - Possession of plaintiff in a room of an old age home is that of a licensee permitted to enjoy the possession, but without creating any interest in the property - Licensee has a legal right to stay..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Premises in question belonging to defendant/father - Two consecutive Courts have held that plaintiff/son is not having any right to be protected under order of temporary injunction - Person holding possession for a long time is the general law pertaining to possession, cannot be applied where father..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Protecting possession of a caretaker or a servant - A person holding the premises gratuitously or in the capacity as a caretaker or a servant does not acquire any right or interest in the property and even long possession in that capacity is of no legal consequences - Held, trial Court was justified in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Partition suit - Irreparable loss - Determination of - Held, a person, who remained in possession of the house in dispute for a period of more than 20 years and the settlement between the parties was reduced into writing and subsequently, after passing of such a long period, the suit is filed, then..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - While passing an interim order of injunction Court is required to consider three basic principles namely, (i) prima facie case; (ii) balance of convenience and inconvenience; and (iii) irreparable loss and injury - Court must also take into consideration the conduct of the parties - A person who had..........
Haryana Urban Development Authority Act, 1977, Section 15, Haryana Urban Development (Disposal of Land and Buildings) Regulations, 1978 -- Promissory Estoppel - Land acquired - Land in possession of tenanats, running business - Allotment of alternate site - Representations to HUDA for providing alternative site - Resolution passed by HUDA to allot alternative site at..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Defendants restrained from construction, alienation or altering the nature of the suit properties - Suit property commercial in nature - Share of plaintiff not more than 1/8th in the suit property - Due to injunction defendants not able to enjoy fruits of development agreements - Properties neither..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Interim injunction - Parties to respect the order so long such order is in force, even if the order is subsequently vacated...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Trade Mark - Prior user - Plaintiff using mark `Malikchand' but not much publicized - At a subsequent point of time defendant started use of mark `Malikchand' in a large scale - At relevant time, neither party had a registered trade mark for the respective marks claimed by them - A number of cases..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Tenant - Petitioner shown as tenant in cultivating possession of the land since long - Mere fact that land was shown vacant for three crops in between does not mean that tenant is no more in possession - Petitioner in continuous cultivating possession from 1992 to 1996 subsequent to the period land..........
