Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance and permanent injunction - Entire sale consideration amount received and possession delivered - Subsequently suit land mortgaged with Bank - Vendor not a defaulter in paying instalments to Bank - Bank not adversely affected by grant of temporary injunction - Status quo..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - For grant of ad interim injunction Court has to consider three aspects viz. (i) prima facie case, (ii) balance of convenience and (iii) irreparable loss...........
Court Fees Act, 1870, Section 7(v) -- Mandatory injunction - Suit for possession by way of mandatory injunction after revocation of licence - Court fee - Ad valorem Court fee is not payable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-owner - Can seek injunction if the act of co-owner amounts to ouster or is adverse to interest of co-owner who is out of possession...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6-A -- Written statement - Amendment to incorporate plea of counter claim - In the garb of temporary injunction defendant dispossessed - Counter claim related to suit property and was based on subsequent dispossession on account of temporary injunction - Amendment allowed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 7, Rule 11 -- Ad interim injunction - Dismissal of application U.O.7.R.11 CPC is not of much significance - Disputed questions of fact cannot be gone into while deciding an application U.O.7.R.11 but while passing an order on grant of injunction Court can take into consideration disputed..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Conduct of parties is relevant for grant of ad interim injunction - Court while granting an order of injunction would take into consideration as to whether plaintiff has pre-varicated his stand from stage to stage...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Court to pass an order having regard to prima facie case, balance of convenience and irreparable injury - Finding on `prima facie case' is a finding of fact - Court while arriving at a finding of fact must arrive not only that a case for trial has been made out but also other factors requisite for..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining alienation - Prima facie case - To come to such a finding Court can take into consideration the extent of plaintiff's share in the property, if any...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad-interim injunction - Court to pass an order on the application for interim injunction having regard to following factors - (i) Prima-facie case (ii) Balance of convenience of the parties (iii) Irreparable injury which might be suffered by the plaintiff if injunction refused (iv) Contention of the plaintiff must be..........
