Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Plaintiff, an employee provided accommodation during course of employment - After retirement plaintiff continued in possession of such premises - Plea that plaintiff constructed house from his own resources, as such he is owner of suit property - Plaintiff failed to prove that he constructed the house..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from alienating, transferring, making alterations/raising construction on suit property - Plaintiff failed to make out existence of prima facie case, balance of convenience and irreparable loss so as to entitle him to temporary injunction in relation to suit property -..........
Civil Procedure Code, 1908, Order 39, 2A -- Interim injunction - Disobedience - Prima facie no case is made out against defendants to the subjective satisfaction of Court that defendants deliberately and willfully mentioned the alleged MoU in the petition to vacate interim stay and thereby violating the order of interim injunction granted by Court regarding restraining..........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Ex parte ad interim injunction - Vacation of - Infringement of trade mark - Plaintiff has been prima facie guilty of suppression and concealment of material facts - Even on merits, plaintiff does not have a prima facie case - Both plaintiff as well as defendants are operating in their own spheres - There is no likelihood of..........
Indian Penal Code, 1860, Section 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Criminal conspiracy - Quashing of proceedings - Averments in complaint so as to infer fraudulent or dishonest inducement made by accused No.1 and accused No.2 pursuant to which appellant parted with money - It is the case of appellant that Respondent No.2 does not have..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading a party - A party seeking joinder as a proper party will have to prima facie establish that such a party has interest in subject matter of litigation and same should come before the court...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Second application - Held, maintainable when first application was dismissed being vague as there were no allegations as to how the defendants are out to dispose of the property and in the second application numerous instances are mentioned alongwith prima facie proofs to show that defendants are..........
Civil Procedure Code, 1908, Section 20, Copyright Act, 1957, Section 62 -- Territorial jurisdiction - Infringement of copyright - Plaintiff has a branch office in Delhi from where it carries on its business - Substantial part of cause of action has arisen within territorial jurisdiction of Courts at Delhi - Averments in plaint, prima facie, satisfy requirements of both..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from interfering with possession of plaintiff - Defendant claiming to be in possession of property under an unregistered agreement of sale - Said agreement of sale shall have no effect for purpose of S.53-A of T.P.Act - Plaintiff on the other hand produced registered sale deed..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - A party cannot be allowed to take two different stands one while opposing the application for interim relief filed by plaintiff and another while making application for rejection of plaint - Once Court is satisfied that plaint prima facie shows cause of action Court is not required to make an elaborate..........
