Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Considerations which ought to weigh with the Court (i) Extent of damages being an adequate remedy; (ii) Protect the plaintiff's interest for violation of his rights though however having regard to the injury that may be suffered by the defendants by reason therefor; (iii) The court while dealing with..........
Monopolies and Restrictive Trade Practices Act, 1969, Section 12A -- The requirements for grant of an injunction are : (a) Temporary injunction can be granted only during an inquiry; (b) There must be proof of certain practices mentioned therein to have been carried on or are about to be carried on by the person specified therein; (c) Such practices are likely to affect..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - No fresh injunction can be granted on same facts which were in existence at time of passing earlier order of injunction by trial Court and affirmed in appeal...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from interfering in possession of plaintiff - No overt acts by defendant shown relating to such interference - Mere allegations that defendant is threatening to take possession and sell same to other persons - Not sufficient - Held, trial Court has not committed any error in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiffs using pathway from time immemorial - Injunction granted restraining the defendant not to put any hindrance and also ordered that the obstacles put in the way be removed till decision of suit - On appeal this order was confirmed - When the trial Court has passed an interlocutory injunction..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff not in possession - Injunction rightly refused by trial Court...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Agreement to sell - Pursuant to agreement to sell vendee put into possession - Restraining interference in cultivating possession - No legal right vests in the plaintiff qua the property in dispute - No irreparable loss or injury is to be caused to the plaintiff if interim stay is not granted -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Defendant taking forcible possession of the suit garage by removing the car of the plaintiff therefrom and by putting a lock as well as by putting materials and keeping boxes therein - Once the forcible possession of the defendant is established, plaintiff is to be put back in possession -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Right of passage - Injunction sought restraining defendant from interfering in right of passage - Right of passage, being claim of easement, must be specifically pleaded and prove nature of easement i.e. whether it is by grant made by servient owner in express terms, or by implied grant, or acquired..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 33, Rule 1 -- Permission to sue in forma pauperis - Grant of temporary injunction when application for permission to sue in forma pauperis is not allowed on account of pending enquiry - Held, an order of temporary injunction can be passed in exercise of inherent powers under..........
