Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff not approaching Court with clean hands - Held, plaintiff is not entitled to injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Contract rescinded - Order rescinding contract whether ante dated, illegal, mala fide or genuine has to be gone through during trial - If the contract was wrongly rescinded, plaintiff will get adequate damages/compensation for wrongful recession of the contract - Held, injunction cannot be granted to..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Temporary injunction - Disobedience - Proceedings are quasi criminal in nature - Person who intentionally violates injunction order can be detained in prison - Principles of criminal law regarding mens rea and also that the defendant has voluntarily and intentionally committed breach of an ad interim injunction order must..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Common wall - Temporary injunction - Restraining defendant from causing damage to party wall - Trial Court directing defendant to give an undertaking that in case while constructing his portion including his share in the disputed party wall, if any damage is caused to plaintiff's property he will either get damaged..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Restraining defendant from dealing with his property - While granting injunction condition can be imposed on plaintiff that in case he fails in his suit he will pay to defendant the difference between the agreed price and present market value of the property...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Reply filed to temporary injunction copied and filed as written statement wherein there were only six paragraph whereas plaint had 22 paragraphs - Contents of rest of the paragraphs of plaint not dealt with in the written statement - A party not to be punished for the fault on the part of the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - While passing an interim order of injunction Court is required to consider three basic principles namely, (i) prima facie case; (ii) balance of convenience and inconvenience; and (iii) irreparable loss and injury - Court must also take into consideration the conduct of the parties - A person who had..........
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 23, Rule 3 -- Agreement to sell - Suit for permanent injunction filed - Application for temporary injunction dismissed on ground that alternative remedy of suit for specific performance is available - Suit for specific performance filed - Withdrawal of suit for injunction allowed on payment of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Three important ingredients for grant of temporary injunction are : (i) Prima facie case (ii) irreparable loss and (iii) the balance of convenience - Court has to scrutinize the case of plaintiff on the three touchstones for granting temporary injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from obstruction made by them - Plaintiff prima facie established his right in the property whereas defendants have non - Defendant parking their vehicles in the suit property but had no right to object to the construction made by plaintiff - Plaintiff will suffer irreparable..........
