Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Possession - Title deed not of much use in such matters - Pahanies two years prior to the suit filed - Contention that Panchayat Secretary not competent to issue the same - Their evidentiary value can be ignored only if defendant comes forward with any better or more reliable documents - Defendant..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Both parties disputing boundaries of their own plots - Order of status quo passed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Status quo order passed - Plaintiff filed another application praying to protect their possession - Application dismissed and order passed as to putting to auction the suit property and to deposit proceeds thereof in Court - Certified copies of pahanies disclosed possession of plaintiff over suit..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Order as to putting to auction the suit property and to deposit proceeds thereof in Court - Held, such a direction can be adopted in an application filed for appointment of receivers - Such a course if adopted in an application under order 39 Rules 1, 2 CPC will complicate the matter...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Plot - Auction purchase - Possession not given despite deposit of full amount as there was temporary injunction by civil Court not to confirm the auction - Since the respondent has been deprived of the use of money without being given possession of the plot the Fora below had rightly passed the order of refund...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Agreement in nature of receipt - Said receipt not containing all terms and conditions essential for arriving at concluded and binding agreement - Plaintiff in his letter admitting that matter was at negotiation stage and describing receipt as a step in negotiation -..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Temporary injunction - Breach of injunction - Proper remedy is to move trial Court under O.39.R.2-A CPC - Contempt Petition under Sections 10 & 12 of Contempt of Courts Act to High Court can be entertained only in special and extraordinary circumstances...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Agreement between parties determinable - For breach of such agreement by one party other party could be compensated in terms of money - No interim injunction can be granted...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Conditions to be satisfied - Party is obliged to show that there is a prima facie case in his favour and also that balance of convenience is in his favour and that he will suffer irreparable loss if injunction is refused - Establishment of prima facie case alone is not sufficient for grant of ad..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit against defendant in whose favour agreement to sell suit land is executed - Defendant does not thereby acquire perfect title - Temporary injunction granted against defendant restraining him from selling land during pendency of suit - Held, proper...........
