Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Defendant can seek temporary injunction against plaintiff particularly when he preferred a counter claim...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Defendants are in possession of property - Plaintiff miserably failed to make out a prima facie case in his favour and further to prove that he is in possession of the suit property in any manner, actual or constructive - Defendants would be at greater hardship if any injunction is not issued in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Affidavit in support of application - Prima facie case, balance of convenience and irreparable loss are not empty phrases - These are the factors to be kept in mind while drafting affidavits and are factors to be kept in mind by judges while granting temporary injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for permanent injunction for infringement of copyright and passing-off - Statement of accounts signed by Chartered Accountant of plaintiff indicating the expenses incurred on advertisement and promotion and figures of sale may constitute a material which can be considered for examining whether a..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from terminating redistribution stockiest agreement - Categorical condition mentioned in the agreement that agreement may be terminated by either party by giving two months written notice even without assigning any reason - Defendant company terminated the agreement by giving..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Restraining defendants from interfering with possession of plaintiffs - Right of plaintiff over suit property are still to be established - Possession of plaintiff over suit property also not established - Trial Court rightly dismissed the application after recording prima facie..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Order granting injunction passed by trial Court without dealing with the issue involved in the case in detail and certain documents did not even form part of record of Court below - Though at the time of entertaining the application for temporary injunction, mini trial is not justified, however,..........
Indian Penal Code, 1860, Section 448, 442 -- House trespass - Allegation that on the relevant date, time and place, accused trespassed to the house of complainant - However, on perusal of material available on record, in civil suit Court granted temporary injunction in favour of accused and therefore, by virtue of said order, they entered the premises - Prima-facie, there..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from selling properties allegedly bequeathed to him by father of defendants through unregistered Will - Finding on prima facie case recorded by trial Court while allowing application is not supported by any material on record - Trial Court has put negative burden upon defendant..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff's allegations are that defendants are trying to raise construction over adjoining land - Since dimension of plots of plaintiff and defendants have wrongly altered and correction application in this regard is pending, defendants be restrained from carrying out construction - It is not the..........
