Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Injunction being an equitable relief the person seeking injunction must come with clean hands - The well known maxim that applies in such matter is, 'He who seeks equity must do equity; he who comes into equity must come with clean hands; equity acts the vigilant, not the indolent'...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Injunction not to be granted against true owner at the instance of person in unlawful possession...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Person in settled possession of property having no right cannot be dispossessed by owner, except by recourse of law - Theory of acquiescence - Examined...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim order granted - Subsequently suit dismissed on merits - It is within the competence of the Court to award damages against plaintiff, for obtaining the order of interim injunction...........
Civil Procedure Code, Section 115(1) -- Proviso Clauses (b) and (a) - Order even if it has not finally or has the effect of finally disposing of suit or other proceedings - High Court has jurisdiction to interfere with the order in revision - Clause (b) of Proviso should be given a liberal construction - Cases which fall under Clause (b) of Proviso would not become..........
Civil Procedure Code, Section 115(1) -- Proviso Clauses (a) and (b) - Effect and scope of limitations on revisional jurisdiction of High Court - High Court can interfere in the orders in revision if they fall under Clause (b) of Proviso alone, of course, cases falling under Clause (b) must again be covered under Clauses (a) to (c) of Section 115(1) - Clause (b) of Proviso..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Later judgment of High Court or Supreme Court - Not a ground for seeking review of order passed on earlier occasion...........
Civil Procedure Code, 1908, Section 114, 151, 152, 153, Order 47, Rule 1 - - Enhanced compensation in land acquisition case because of subsequent judgment of High Court - Claimant not entitled to relief under Section 114 or Order 47 Rule 1 - Only remedy available to claimant - To file appeal against order of High Court - Cannot seek relief by moving application under..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - The mere fact that some judgments could not be brought to the notice of the Court, cannot constitute a valid ground for review of the judgment...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Joint owners - Property not partitioned - Defendant raising construction over the portion where he had raised construction about 20 years back and the same has fallen due to rains - Trial Court declined injunction - Reversed by appellate Court - Order of trial Court is legal and well reasoned - Order..........
