complete, exam-ready explanation of Cancellation of Sale Deed with provisions, case law, and step-by-step reasoning: ⚖ 1️⃣ Governing Law Specific Relief Act, 1963 – Sections 31 & 32 Sec 31: Court may cancel instruments by decree if executed without free […]
Category: Injuction ( Exh. 05 )
Model Order Mandatory Injunction
🏛 IN THE COURT OF CIVIL JUDGE (S.D.), _______ Regular Civil Suit No. ___ of 20__ A.B. …………… PlaintiffVersusC.D. …………… Defendant Date: //20__ 📝 ORDER (Under Section 39 of the Specific Relief Act, 1963) The present suit is filed by […]
Temporary , Permanent & Mandatory Injunction – Diff.
અહીં Temporary, Permanent અને Mandatory Injunction નું સંપૂર્ણ તુલનાત્મક વર્ણન (Comparison) Exam-Ready રીતે આપવામાં આવે છે: લાગુ કાયદા:Code of Civil Procedure, 1908Specific Relief Act, 1963 ⚖ 1️⃣ Temporary Injunction (तात્કાલિક મનાઈ) 📘 Provision Order 39 Rules 1 & 2 CPC […]
INJUNCTION – QUICK REVISION TABLE
📘 INJUNCTION – QUICK REVISION TABLE Topic Legal Provision Core Principle Landmark Judgment Temporary Injunction Order 39 Rules 1 & 2 CPC Triple test: Prima facie case, Balance of convenience, Irreparable injury Dalpat Kumar v. Prahlad Singh Appellate Interference in […]
ORDER VACATING INJUNCTION
ORDER VACATING INJUNCTION (Under Order 39 Rule 4 CPC) IN THE COURT OF THE CIVIL JUDGE (S.D.), [PLACE]Regular Civil Suit No. ___ of 20__ [Plaintiff]Versus[Defendant] ORDER BELOW EXH.__ (Order 39 Rule 4 CPC)Date: //20__ 1. Application The defendant has preferred […]
EX PARTE AD-INTERIM INJUNCTION ORDER
EX PARTE AD-INTERIM INJUNCTION ORDER (Under Order 39 Rules 1 & 2 CPC) IN THE COURT OF THE CIVIL JUDGE (S.D.), [PLACE]Regular Civil Suit No. ___ of 20__ [Plaintiff]Versus[Defendant] ORDER BELOW EXH.__ (O.39 R.1 & 2 CPC)Date: //20__ 1. Urgency […]
ORDER REJECTING TEMPORARY INJUNCTION
ORDER REJECTING TEMPORARY INJUNCTION IN THE COURT OF THE CIVIL JUDGE (S.D.), [PLACE]Regular Civil Suit No. __ of 20__ [Plaintiff]Versus[Defendant] ORDER BELOW EXH.__ (O.39 R.1 & 2 CPC)Date: //20__ 1. Application The plaintiff has filed the present application seeking temporary […]
ORDER GRANTING TEMPORARY INJUNCTION
ORDER GRANTING TEMPORARY INJUNCTION (Under Order XXXIX Rules 1 & 2 CPC) IN THE COURT OF THE CIVIL JUDGE (S.D.), [PLACE]Regular Civil Suit No. __ of 20__ [Plaintiff]Versus[Defendant] ORDER BELOW EXH.__ (O.39 R.1 & 2 CPC)Date: //20__ 1. Application The […]
_5_Case Study _ Temporary Injunction.
🥇 1. Possession vs Title – Revenue Entry Not Conclusive 📌 Case Study Plaintiff is in actual possession of land for many years. Defendant holds revenue record title and seeks to dispossess plaintiff. Plaintiff seeks temporary injunction. ⚖️ Leading Case […]
Case Study _ Mere Long Possession of land can plaintiff get temporary injuction ?
Facts Plaintiff claims: His father purchased land in 1992 from father of Defendant Nos. 1–3 Purchase was by oral contract + cash transaction Possession delivered in 1992 Continuous agricultural use since 1992 Plaintiff filed a title suit based on: Oral […]
Case Title Gujarat Bottling Co. Ltd. Vs. Coca‑Cola Co. – (1995) 5 SCC 545
Case Title Gujarat Bottling Co. Ltd. Vs. Coca‑Cola Co. 📚 Citation: (1995) 5 SCC 545 ⚖️ Court: Supreme Court of India 🧾 Background Facts Gujarat Bottling Co. Ltd. entered into a bottling/franchise agreement with Coca-Cola. The agreement contained: Negative covenant […]
Dalpat Kumar Vs. Prahlad Singh – (1992) 1 SCC 719
Case Title Dalpat KumarVs.Prahlad Singh 📚 Citation: (1992) 1 SCC 719⚖️ Court: Supreme Court of India 🧾 Background Facts The plaintiff sought a temporary injunction under Order 39 Rules 1 & 2 CPC. Claim was based on alleged possession and […]
Maria Margarida Sequeira Fernandes Vs. Erasmo Jack de Sequeira (2012) 5 SCC 370
Maria Margarida Sequeira FernandesVs.Erasmo Jack de Sequeira 📚 Citation: (2012) 5 SCC 370⚖️ Court: Supreme Court of India👨⚖️ Judge: Justice Dalveer Bhandari 🧾 Background Facts The dispute related to possession and ownership of immovable property. The plaintiff sought: Declaration of […]
What is Injunction ? Article_ Answer with case laws
The Term “INJUNCTION” ordinarily means a judicial process where a party is required to do or to restrain himself from doing any particular act or thing. India inherited the Law of Injunction from England who initially borrowed it from Roman […]
What is Injunction ? Full Answer with case laws
What Is an Injunction in a Civil Case? To begin with, an injunction is a court order that directs a person to do something or to stop doing something. In civil cases, injunctions are mainly used to: Prevent damage to property […]
What are the principles for grant of ‘ex parte ad-interim Injunction’ under CPC?
Q. What are the principles for grant of ‘ex parte ad-interim Injunction’ under CPC? Provided that, where it is proposed to grant an injunction without giving notice of the application to the opposite party, the Court shall record the reasons for […]
What are consequences of disobedience or breach of injunction?
Non-compliance or Breach of Injunction Q. What are consequences of disobedience or breach of injunction? (1) In non-compliance or breach of order made under rules 1 and 2, the Court granting the injunction or making the order or any court to […]
Principles Governing Temporary Injunction
Principles Governing Temporary Injunction Before granting of the temporary injunction, the following considerations are required to be satisfied: (i) There is a prima facie case in favour of the plaintiff and against the defendant. (ii) That irreparable injury is likely […]
Conditions for grant of Temporary injunctions
Conditions for grant of Temporary injunctions In case of Kashinath Sansthan v. Srimad Sudhindra Thirtha Swamy, MANU/SC/1852/2009 : AIR 2010 SC 296 the court prescribed the criteria for temporary injunction as follows: “In order to grant an order of injunction, the party […]
Where Temporary Injunction is Granted ?
Where Temporary Injunction is Granted The granting of temporary injunction is a matter of discretion of the Court. The discretion is to be exercised judicially according to well-settled principles. Rule 1 of Order XXXIX of the Code of Civil Procedure, […]
Q. What are the principles to be followed for grant of interim injunction?
It is well-settled principle law that interim relief can always be granted in the aid of and as ancillary to the main relief available to the party on final determination of his rights in a suit or any other proceeding. […]