Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Injunction granted without adverting to the three considerations viz. (i) prima facie case; (ii) balance of convenience and inconvenience and (iii) irreparable loss and injury - Impugned order set aside...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Failure to establish ownership - Only on the basis of possession on public land plaintiff cannot claim prima facie case in his favour nor balance of convenience is in his favour as land in dispute is for use of public - Temporary injunction declined - Order upheld...........
Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Interlocutory application filed U.O.39.Rr.1 & 2 r/w S.151 of Civil Procedure Code for restraining respondent from alienating suit property during pendency of appeal - After partition suit was filed by petitioners, their brother respondent filed probate case for grant of probate with respect to purported Will executed by..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 200, 204 -- Cognizance of offence - Complaint filed on the allegation that vehicle in question was taken away from the possession of the petitioner/complainant - Complaint prima facie disclosing commission of offence - Magistrate directed enquiry and took cognizance of offence on perusal of enquiry report - Held,..........
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...........
