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Dec 23, 2021 · This article will be a discussion regarding injunctions with a special emphasis on the Order 39 of the Civil Procedure Code, 1908 which highlights the procedure to grant temporary injunctions and interlocutory orders.
(a) that any property in dispute in a suit is in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree, or. (b) that the defendant threatens, or intends to remove or dispose of his property with a view to defraud his creditors; or.
Sep 19, 2023 · On the other hand, if the court observed that no injunction was justified under order 39 rules 1 and 2 but for the ends of justice, under the circumstances of the case, an order was passed then it would be reasonable to hold that the impugned order was passed under section 151 of the Code.
Dec 12, 2013 · Alongwith the suit, an application under Order 39 rule 1 and 2 read with Section 151 of the Code of Civil Procedure (for short - 'CPC') was filed by the respondent No.1, before the trial Court averring, therein, that prima facie case and balance of convenience are in his favour and that he shall suffer irreparable loss and injury by Sunder Sham ...
Jun 2, 2006 · It is now a well-settled principle of law that Order 39 Rule 1 of the Code of Civil Procedure (code) is not the sole repository of the power of the Court to grant injunction. Section 151 of the Code confers power upon the Court to grant injunction if the matter is not covered by Rules 1 and 2 of Order 39 of the Code.
(a) that any property in dispute in a suit is in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree, or. (b) that the defendant threatens, or intends, to remove or dispose of his property with a view to defrauding his creditors,
(1) The plaintiff has a strong case for trial. That is, it shall be of a higher standard than a prima facie case that is normally required for a prohibitory injunction. (2) It is necessary to prevent irreparable or serious injury which normally cannot be compensated in terms of money.
THE FIFTH SCHEDULE. Contains all Enforced Central and State Acts linked with Subordinate Data like Rules,Regulations,Notifications,Orders,Circulars,Ordinances,Statutes.
Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (hereinafter referred to as “CPC”) came to be filed. The said application basically claimed an order of injunction restraining the appellantsdefendants from infringing the respondent
Mar 18, 2018 · In Order 39, rule 2, in sub-rule (2), insert the following proviso- “Provided that no such injunction shall be granted- (a) where no perpetual injunction could be granted in view of the provisions of section 38 and section 41 of the Specific Relief Act, 1963 (47 of 1963); or
