Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Delay and laches - Defendants filed two suits and plaintiff strongly contested both the suits - Plaintiff did not feel it necessary to file the suit until plaintiff found that his possession was frequently disturbed - Defendant also filed an injunction application against plaintiff which was pending..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Refusal - Appeal - Appellate Court is not supposed to interfere with the discretion exercised by trial Court - Trial Court itself held that plaintiff has prima facie case but declined injunction on ground of delay and laches - There was no delay or laches - Interference with such order is..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Police aid - Obedience of order of injunction - In a fit case court can grant police aid as a preventive measure for ensuring obedience of order of injunction instead of waiting till injunction is breached, even though action can be taken against the party flouting the order under Order 39 Rule 2-A..........
Civil Procedure Code, 1908, Order 39, Rule 2-A, Contempt of Courts Act, 1971, Section 10 -- Breach of temporary injunction - Remedy available is U.O.39.R.2-A CPC - Petition under Contempt of Courts Act is not maintainable...........
Civil Procedure Code, 1908, Order 39.Rs.1, -- Temporary injunction - Trade mark - Prima facie opinion that a man with ordinary prudent is likely to be deceived while purchasing product as two trade marks are quite similar to each other and there is every likelihood of general public being deceived while purchasing goods of defendants - Even, there is further likelihood..........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Temporary injunction - Modification of order - Court is empowered to discharge, vary or set aside the order of injunction on an application made by any party, dissatisfied with the order of injunction, provided there is a change in the circumstances or the Court is satisfied that the order has caused undue hardship to that..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Concurrent findings of both Court below that plaintiff has no title to land in question - Report of Commissioner on possession of land is of no benefit to plaintiff - Fact of dismissal of earlier suit and settlement between parties suppressed - Application for temporary injunction rightly rejected...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-owner in exclusive possession raising construction - A co-owner who is not in possession of any part of property is not entitled to seek injunction against co-owner who is in exclusive possession of suit property, unless act of person in possession of suit property amounts to ouster, adverse to..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Suit for cancellation of sale deed - Temporary injunction sought restraining defendant not to alienate the suit property till disposal of suit - Plaintiff an old lady and her son is also illiterate - In case defendant is not restrained from alienating the property, then unnecessary..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Raising construction - Plaintiff himself raised construction on the joint property - Held, there is no equity in his favour to challenge the construction to be raised by other co-owner who has been given exclusive possession under a sale deed...........
