Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Infringement of copyright of unauthorized software - Application for appointment of local Commissioner - Rejection of - As per records, plaintiff had only granted a single license which was being used for 30 computers and 50 animators - It could not be said that plaintiff did not have strong prima facie case - Issuance of..........
Police protection -- Civil disputes cannot be raised before Court to make a prima facie adjudication and based on that finding ask the police to render assistance...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from alienating suit property or creating any charge over the same - Sale of property by father of ancestral property alleged to be without consideration and legal necessity - Vendee put in possession of suit property on the day sale was executed in his favour - Plea that..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Besides consideration of basic elements, Court must consider conduct of parties - While considering an application for grant of injunction, the Court will not only take into consideration the basis elements in relation thereto, viz. existence of a prima facie case, balance of convenience and..........
Civil Procedure Code, 1908, Section 96, 100, Limitation Act, 1963, Section 3 -- Suit beyond limitation - Limitation as a defence - Held, that a point of limitation is prima facie admissible even in the Court of last resort, although it had not been taken in the lower Courts...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Where objections prima facie are frivolous, vexatious and intended to delay, then these are not liable to be put to trial as otherwise it would amount to abuse of process of the Court...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Court while exercising its jurisdiction U.O.38.R.5 of the Code is required to form a prima facie opinion at that stage - It need not go into the correctness or otherwise of all the contentions raised by the parties - High Court directed appellants to furnish security - Held, that by this order..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Granted without disclosing reasons as to how Court came to conclusion that plaintiff has a prima facie case - Impugned order set aside and matter remitted back for decision afresh...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for specific performance - Restraining defendant from dispossessing plaintiff as possession is alleged to be delivered at the time of execution of agreement of sale - Only earnest money paid and sale deed yet to be registered - No prima facie case in favour of plaintiff - Right of plaintiff..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Plaintiff to show that (i) prima facie his claim is bonafide; (ii) Defendant is about to remove or dispose of the whole or part of his property, with the intention of obstructing or delaying the execution of any decree that may be passed against him, before power is exercised U.O.38.R.5 CPC -..........
