Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for mandatory injunction - Preventive relief by way of temporary injunction can be granted...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 41, Rule 1(r) -- Temporary injunction - Order declining temporary injunction - Appeal and not revision which is maintainable thereagainst...........
Civil Procedure Code, 1908, Order 43, Rule 1(r), Civil Procedure Code, 1908, Order 39, Rule 3, 3A -- Appeal - Ex parte injunction - Law as to : (i) Miscellaneous appeal against ex parte injunction order would be maintainable only after expiry of 30 days where provision of O.39.R.3-A PC is in force; (ii) In State of UP, since Circular dated 16.8.17 issued providing for 6..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Implementation - Police aid sought within 8 to 10 days of passing of ad interim injunction - It is not the period but the circumstances which matter - Trial Court on the basis of video recordings came to conclusion that there was obstruction in breach of order of temporary injunction -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Restraining co-sharer from raising any construction on the valuable and specific portion of suit land - Suit for partition pending in between parties - A co-sharer has no right to change nature of property till its partition takes place - However, there cannot be any bar either in law or..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 41(h) -- Temporary injunction - Restraining defendants from constructing walls for Toll Plaza - Land acquisition process for constructing National Highway cannot be interfered with at the instance of plaintiffs - Neither there is any attempt on their part to approach revenue authorities for..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration and injunction - Injunction sought restraining defendants from alienating, encumbering or changing nature of suit property - Will in favour of defendant alleged to be illegal, null and void - Till the time it is proved that Will in dispute is not a genuine Will, presumption was..........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Temporary injunction - Grant of temporary injunction without notice - Opposite party always has remedy to move same Court by filing an appropriate application seeking its recalling/modification - Even when all parties have been heard, Court is still vested with power to change its order, provided either there is change of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Conduct of a party seeking discretionary relief is of utmost importance besides consideration of three basic ingredients for grant of temporary injunction viz. prima facie case, balance of convenience and irreparable loss and injury...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising any construction or changing nature of suit land till same is partitioned in accordance with law - Defendant after having purchased portion of suit land from his father, raised construction during his life time - No specific denial to said fact by plaintiff -..........
