Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Grant of - Case of respondents in written statement that they are in separate possession of land in family arrangement - This fact has not been denied by filing replication - Respondents are claiming possession over suit land under family arrangement i.e. with the consent of petitioner..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Prima facie case - Does imply existence of an arguable case - It also means that there must be some material which on the face of it tends to show that triable issues are involved...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Restraining defendant from interfering in possession and alienating the suit property - Agreement to sell categorically denied - Court erred while holding prima facie case in favour of plaintiff - Failure to establish all the three ingredients for grant of temporary..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque - A trust is reposed to fill the amount as per the understanding or agreement between the parties - If there is prima facie reason to believe that said trust is not honoured then continuation of prosecution u/s 138 of the Act would be the abuse of process of law - In that event parties are..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Failure to prove prima facie case - Interim injunction cannot be granted even if balance of convenience is in his favour or that he will suffer irreparable loss and injury if injunction is not granted...........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - Defamatory pleadings in a civil suit - Imputations contained in pleadings and evidence in civil suit is covered by Exception 9 of S.499 IPC, even assuming that the imputations are prima facie defamatory in nature...........
Civil Procedure Code, 1908, Order 38, Rule 5, 6 -- Attachment before judgment -Tow conditions precedent are : that the defendant is about to dispose of whole or any part of his property and defendant is about to remove the property from local limits of jurisdiction of the Court - Even when such prima facie case is proved, an order of attachment cannot be straightaway..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff claiming to be in possession and claiming obstruction - To claim his possession plaintiff relying on revenue record - Plaintiff's silence as to agreement of sale and Power of attorney relating to suit property speaks in volumes - Claim of defendant as to possession apparent - Plaintiff not..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - At the stage of deciding application U.O.39.Rr.1, 2 read with S.151 CPC Court is not required to deal with the merits of the case - Court is required to see as to whether, any prima facie case existed in favour of the plaintiff, whether he was to suffer an irreparable loss, in case, the injunction..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Nuisance - It is not in dispute that flour mill is being run by respondent No.1 for the last one year with aid of tractor - Lower appellate court held that by grant of electric connection noise and pollution likely to come down and would not enhance the same - Held, it could not be said that..........
