Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Grant of - Guiding principles - (i) prima facie case, (ii) balance of convenience and (iii) irreparable loss and/or injury if temporary injunction is refused - Injunction cannot be granted without examining the matter in detail by merely saying that prima facie case is made, apart from stating that..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction against dispossession - Plea that plaintiff is in possession of property in pursuance of agreement to sale entered into between him and owner - Subsequently, owner of property entered into agreement to sale suit property to defendant No.2 hence injunction sought - Execution of agreement to sell..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Grant of - Suit for perpetual injunction - Unlawful tempering by deferent - Mandatory injunction directing defendants to restore properties to original form issued, at interim stage...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Separate electricity meter and water connection - No specific prayer to that effect in plaint - Plaintiff licencee in suit premises - Possession of plaintiff in suit premises not disputed - Relief of separate electricity meter and water connection granted on the basis of balance of convenience as..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Once the parties are in exclusive possession of their respective shares, the question of issuance of any ad interim injunction qua the suit property does not arise...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Dispute between appellant-defendant old contractor of running mine of Iron Ore and respondent-plaintiff new contractor with regard to their appointment exclusively to run the Iron Ore mine - Ex parte interim injunction to the new contractor granted earlier by the trial court vacated by it and on..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Appeal against - Held, in such an appeal Appellate Court has power to grant temporary injunction...........
Civil Procedure Code, 1908 -- Order 39, R. 1 and 2 - Temporary injunction - Departmental proceeding - Respondent-plaintiff initiated criminal proceedings over sexual harassment against her employer - Employer in turn retaliated by initiating departmental inquiry against her without taking notice of her complaint against them - Respondent plea, not possible to attend the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Order passed u/s 145/146 Cr.P.C. - Civil Court has jurisdiction to make an order of injunction inconsistent with the order of Executive Magistrate...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Bank Guarantee - Restrain order sought - Courts should not interfere in encasement of bank guarantees and letters of credit except when case of patent fraud is made out - Agreement for supply of goods - Allegations of plaintiff/purchaser that material supplied was defective - Dispute regarding quality of goods cannot ipso..........
