Civil Procedure Code, 1908, Order 39, Rule 4 -- Interim injunction - Vacation - Plaintiff obtained loan from defendant - Plaintiff seeking injunction against encashment of cheques issued - Claim of plaintiff that those cheques were not intended for repayment of loan - Agreement pleaded by plaintiff whereby cheques were to be treated as collateral and not to be encashed not..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Trade and Merchandise Marks Act, 1958, Section 29, 106 -- Trade mark - Passing off - Temporary injunction - Similarity - Principle of similarity not to be very rigidly applied - If it could be prima facie shown that there was a dishonest intention on the part of the defendant in passing off goods, an injunction should..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Violation of - Police help for implementation of order - Jurisdiction of trial Court to pass order - Trial Court granted ad interim injunction restraining defendants from interfering in the possession of the plaintiffs - Applications for providing police help for serving and harvesting..........
Civil Procedure Code, 1908, Order 39,, Rule 1, 2 -- Injunction against execution of decree - Decree for possession - Execution filed - Another suit regarding same subject matter - Injunction granted against execution of decree - Decree passed after contest - No prima facie case made out in view of Sec. 11 of C.P.C. - Not open to the Courts below to grant injunction against..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 464, 423, 420, 34 -- FIR - Quashing of - Sale of land to daughter by General Power of Attorney holder inspite of specific notice of revocation of Attorney - Complaint cannot be quashed by holding that it is a matter of civil dispute when it prima facie discloses ingredients of offence complained...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Electricity - Disconnection - Temporary injunction - Body seal and terminal of meter found to be tampered - Misuse of energy alleged - Consumption of power showing consistent use both during the pre and post period of dispute - Strong prima facie case in favour of plaintiff - Use of electricity is not a luxury but a dire..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 16(c) -- Temporary injunction - Suit for specific performance - Failure on the part of trustees to execute sale deed within time, having received almost 85 per cent of consideration amount- Cannot be viewed as a conduct of which fault or failure is attributable to the plaintiff - Plaintiffs..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction against the order passed by Tribunal - Normally not to be granted except in case of fraud or existence of some vitiating factor is established or prima facie a case is made out for grant of injunction - Injunction to be granted only in exceptional circumstances...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Suit for declaration as owner in possession - Dispute between mother and widow regarding estate left by deceased - Mother claiming Will in her favour - Will prima facie document showing ownership and entitlement to property - Wife restrained from alienating suit property - Status quo regarding possession also to be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim Injunction - Reliance on earlier decision - Suit for Permanent Injunction by Mandir through Mahant - Courts below relied on findings recorded in some other litigation - Granted interim injunction holding that prima facie Mahant entitled to manage properties of Mandir - Orders challenged on ground that appeal..........
