Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendants from interfering in any manner over suit property - Both the parties claiming ownership rights in suit property while plaintiff claims on the basis of registered sale deed - Whereas defendants claim ownership and possession on the basis of Will - Assertions of both the parties..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 58 -- Execution - Attachment of property - Objections by third party claiming right, title and interest in attached property - Prima facie appears to have no link with JDs - Opportunity not granted to parties to produce material evidence in support of their respective pleas - Impugned order dismissing objection..........
Civil Procedure Code, 1908, Order 37, Rule 4 -- Summary suit - Ex-parte decree - Setting aside - Cannot be allowed in routine - Special circumstances are required to be established - Special circumstances has to be construed having regard to individual fact situations - Court has to balance the equities and while safeguarding interest of plaintiff, appropriate conditions..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Dispute over connection of electric motor on a land - Prima Facie made out that parties are jointly recorded as owners being co-sharers - Held, Plaintiffs being co-sharers cannot be prevented from using the electric motor connection which is existing in the name of petitioner, as per share...........
Civil Procedure Code, 1908, Order 37, Rule 4 -- Summary suit - Ex parte decree - Setting aside - Notice of summons for judgment was served on defendants and not on their advocate as advocate was not available - Immediately after acquiring knowledge of decree being passed instant notice of motion came to be filed - It cannot be said that defendants have acted in negligence..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1 -- Interim injunction - Appeal - Trial Court committed error by granting ex-parte interim injunction, that too without inviting objections from defendant - Moreover, Court also did not observe three conditions, i.e prima facie case, balance of convenience and irreparable loss and..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for specific performance - Material terms and conditions of contract not concluded and recorded between parties - No prima facie case in favour of plaintiff - Moreover, in this case Court may not be able to grant any prayer for specific performance as such no interim relief can be granted...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Reasoning or finding recorded at the time of disposal of temporary injunction application while considering prima facie case would not act as a precedent or res judicata at the time of final disposal of suit on its merits as reasoning and conclusions are intended only for the limited purpose of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Prima facie case of plaintiffs not made out - Will in favour of plaintiffs on the basis of which they are claiming ownership rights of the entire property is unregistered and not admitted by defendant - Execution of Will yet to be proved - Moreso, plaintiffs himself admitted that before said Will..........
Trade Marks Act, 1999, Section 29, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Trade mark - Infringement - Temporary injunction - Prima facie there is no similarity between story board/script of advertisement of plaintiff`s product and defendant`s product - Script of defendant`s advertisement of product Pudin Hara Lemon Fizz has used `Pet ka Fire Brigade' as a..........
