Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Plaintiff was present in almost all hearings before trial Court which indicates that he was genuinely pursuing the matter - Application for restoration of suit filed within period of limitation - Plaintiff having filed the suit for declaration and injunction ought to be given an..........
Patents Act, 1970, Section 3(j), 64, 48 -- Suit for injunction - Infringement of registered patent - Counter claim of defendants was never considered by single judge as admittedly issues were complicated and required expert evidence to be considered in full fledged trial - Thus, in the absence of any argument before single judge, Division Bench in appeal cannot examine..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Status quo order - Plaintiff has raised arguable question in suit, which needs to be determined on the basis of totality of evidence to be led on record by respective parties - He has been able to show prima facie case in his favour and balance of convenience also lies in his favour - Factum of..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Filed on basis of apprehension that defendant/husband my sell the house - Concurrent findings of three Courts below dismissing suit of plaintiff - However, since the second wife of husband and daughter born to second wife failed to prove title over suit property in separate suit..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Application cannot be dismissed by holding that suit is not maintainable in the absence of an application filed U.O.7.Rr.10, 11 CPC - No such prayer could be appreciated and that too in the application U.O.39.Rr.1,2 CPC - Impugned order set aside...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff proved to be in possession of property - However, bother-in-law of father of plaintiff is trustee of property and he would be entitled to administer the property as per last wishes of father of plaintiff - Plaintiff thus, has no interest in suit property - Since trustee..........
Civil Procedure Code, 1908, Order 39, Rule 1, Constitution of India, 1950, Article 227 -- Interim injunction - Refusal to grant - Writ petition u/art 227 of Constitution challenging said order is maintainable...........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Restraining Electricity Board from interfering in possession of plaintiffs - Plaintiffs failed to produce any evidence of their possession over vacant land - No undue hardship or prejudice would be caused to plaintiffs in the event Electricity Board is permitted to proceed with energisation of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Constitution of India, 1950, Article 227 -- Writ petition - Maintainability - Writ Petition u/art 227 of Constitution challenging orders passed by Civil Courts refusing to grant interim injunction U.O.39.Rr.1, 2 CPC, is maintainable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Plaintiffs failed to produce any evidence of their possession over vacant land - No undue hardship or prejudice would be caused to plaintiffs in the event defendant/Electricity Board is permitted to proceed with the energisation of Electricity sub-station - However, in the event plaintiffs are able to..........
