Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Restraint order in favour of plaintiff restraining defendant from (1) alienating suit property (2) from cutting and removing trees (3) from interfering in the peaceful possession of the plaintiff - Order confirmed by High Court in appeal - In the same suit an application filed by defendant seeking same relief also granted..........
Civil Procedure Code, 1908, Order 39, Rule 2-A, Contempt of Courts Act, 1971, Section 10, 11 -- Temporary injunction - Violation - Contempt proceedings do not lie as there is equally efficacious alternate remedy available U.O.39.R.2-A CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Plaintiff not in possession - No prima facie case - Plaintiff had not acquired any right to seek relief of injunction against the true owner - Injunction rightly refused...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff failing to prove his settled long possession - Defendant holding registered sale deed executed 20 years back - Balance of convenience not in favour of plaintiff - Plaintiff will not suffer irreparable injury - Refusal to grant injunction as to his dispossession - Proper...........
Civil Procedure Code, 1908, Order 39, Rule 3-A -- Temporary injunction - Exparte - Such an application be disposed of within 30 days from the date of order after giving notice to other side - Attempt of the party who obtained such an order, to stall the proceedings from passing an order on merits - Deprecated...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Joint property - Restraining defendant from raising construction - No partition by metes and bounds - Defendant cannot be allowed to raise construction even at his own risk...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Exparte temporary injunction - Suit for permanent injunction to restrain Airport Authority from terminating licence for exclusive advertisement right at Airport - Suppression of fact of pendency of writ petition and interim order passed therein for extension of licence - Party is not entitled to equitable relief...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Exparte temporary injunction - Effect of it on public purpose must be considered - Undertaking must be obtained from party to compensate for injury or loss caused by injunction - Even when injunction is granted exparte, adherence to requisite legal norms like finding of prima facie case, balance of convenience and..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Provision made by husband for separate residence of wife during his lifetime - Wife has possessory right over property under such provision - Wife is entitled to injunctive relief...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - It is not appropriate to hold mini trial at the stage of grant of temporary injunction...........
