CiteTEXT
...DismissedCiting Reference: Discussed 4Case Note:Civil - Temporary injunction - Section 151 of Civil Procedure C...) - Section 94, Code of Civil Procedure, 1908 (CPC) - Section 151, Code of Civil Procedure, 1908 (CPC) - Order 39 Rule 1, Code of Civil Procedure, 1908 (CPC) - Order 39 Rule 2Cases...followed that power of a Court to giant a temporary injunction was limited to one prescribed by Rules 1 and 2 of Order 39 of CPC - It was impossible to hold that in a matter which...
..., (2006) 2 GauLT 311 , wherein in paragraph- 23, it had been held that the inherent jurisdiction of a court to issue temporary injunction which are not covered by Order..., as Section 94 CPC does not completely prohibit the grant of temporary injunction in the circumstance which are otherwise not covered by order 39 and the rules..., there was no prohibition under the law for the Court to exercise its power for grant of temporary injunction under Section 94(c) of the CPC. 6. We are faced...
...have to ascertain whether the facts of the case fall under Order 39. That it is in the incidence of exercise of power of the court to issue temporary injunction that Section 94 has a role to play and that ...190 it has been held that a temporary injunction may be granted under Section 94(c) only if a case satisfies Order 39 Rule 1 and Rule 2. It is not correct to say that the court has two powers, one to grant...injunction under any of the powers conferred by CPC, but under powers inherent in the constitution of the court, which is saved by Section 151 CPC.11. The above discussion shows tha...
...on such expression in Section 94, CPC, which expressly prohibits the issue of a temporary injunction in circumstances not covered by Order 39 or by any rules made under the Code, the Courts have...objection. The fact remains that interim injunction was granted which could be granted under Order 39, Rules 1 and 2 of the CPC as also under the provisions of section 151, cpc.... If the Trial Court has granted injunction under Section 151, CPC, the import of the injunction is the same which is of the order passed under Order 39 Rules 1 and 2, CPC...
...…. We are of opinion that the latter view is correct and that the courts have inherent jurisdiction to issue temporary injunction in circumstances which are not covered by the provisions of Order 39 CPC. There is no such ex...absolutely necessary for the ends of justice to do so. It is in the incidence of the exercise of the power of the Court to issue temporary injunction that the provisions of Section 94 of the Code have...the prescribed rule. If the provisions of Section 94 were not there in the Code, the Court could still issue temporary injunctions, but it could do that in the exercise of its inherent jurisdiction. No...
...Judge, Bangalore, dismissing I.A No. 22 filed under Order 39 Rules 1 & 2 read with Section 94(e) and 151 of CPC for temporary injunction and for such other relief...Order 39 Rules 1 & 2 read with Sections 94(e) and 151 of CPC by the appellants herein came to be rejected by order dated 25.5.2012 based on the documents produced by the appellants...case made out by the appellants to get an order of temporary injunction. The difficulty faced by the plaintiffs/appellants herein is that the order of temporary injunction granted earlier has remained...
...filed an application before the court of second additional district judge under section 94 (c) and 94 (e) read with section 151 of cpc and prayed for grant of temporary ...;
(e) make such other interlocutory orders as may appear to the court to be just and convenient. It is apparent from the provision of section 94 of cpc that to prevent the ends of justice from being defeat...so prescribed' in section 94 is only this that when the rules in order 39 cpc prescribe the circumstances in which the temporary injunction can be issued, ordinarily the court is not to use its...
...Section 94 and 151 CPC for temporary injunction against the petitioners. It is the grievance of the petitioners that despite having filed a caveat prior to institution of the aforesaid suit, the trial...ORDER I RULE 8 R/W. SECTION 151 OF CPC.,
AND ORDER ON I.A.NO.3 FILED UNDER ORDER 39 RULE 1 & 2 R/W. SECTION 94 AND 151 OF CPC., PASSED BY THE LEARNED
I...-CPC)
BETWEEN:
1. K. HONNURSWAMY,
S/O HANUMANTHAPPA,
AGED ABOUT 27 YEARS,
AGRICULTURIST...
...the defendants are making hectic efforts to receive the compensation. Therefore, plaintiffs were constrained to file instant application under Section 94(E) of CPC, seeking temporary injunction against...TO SET ASIDE THE
ORDER DATED 20.01.2016 PASSED IN I.A. NO.2 FILED BY
THE PETITIONERS U/SEC. 94(E) OF CPC IN O.S. NO.150...in O.S. No.150/2015 before the Trial Court rejecting an application filed by the plaintiffs under Order 94(E) of CPC.
2. Heard Sri.V.B.Siddaramaiah, learned counsel for...
...petitioners that respondent no.1 filed an application under Section 94 of CPC for grant of temporary
1
injunction. S...filed without issuing any notice under Section 67 of Adhiniyam, 1972 and accordingly, the application under Section 94 of CPC was not maintainable. The Trial Court did not commit any mistake by rejecting the applic...of power of the court to issue temporary injunction that Section 94 has a role to play and that Section 94, however, does not take away the right of the court to exercise its inherent power. In th...
...Section 94 read with Order XXXIX Rules 1 and 2 of CPC for temporary injunction restraining respondent Nos.2 to 5/ defendant Nos.2 to 5 from changing or altering the records of title or...performance and other reliefs against the respondents/defendants, the appellants filed two applications i.e., I.A.No.I under Order XXXIX Rules 1 and 2 of CPC for restraining respondent...
...respondents who are plaintiffs in the redemption suit are not entitled to a temporary injunction under the provisions of O. 39.6. It is then urged that Section 94 of the CPC empowered the lo...under Section 151 of the CPC to grant a temporary injunction. It was observed by Varadachariar, J. in Murugesa Mudali v. Angamuthu Mudali...correctness and validity of the order made by the Addl. District Judge.3. Rules 1 and 2 of O. 39 of the CPC deal with the circumstances under which a temporary injunction can be granted. The...
...exhaustive in the matter of the grant of temporary injunctions which may be issued under the Code of Civil Procedure by Subordinate Courts. This contention, in my opinion, is sound. Section 94 of the CPC, provides .... (16). This word (‘proscribed’) according to the definition, given in the Code means prescribed by rules. Thus, according to Section 94 of the CPC, the granting of a temporary injunction is...had no jurisdiction to grant any temporary injunction to the opposite parties (plaintiffs) inasmuch as their case was not covered by the provisions contained in O. 39, Rr. 1 and 2 of the CPC, which are...
...to above, except Oorashma Devaswom's Case (supra).14. Per contra, the learned senior counsel appearing for the respondents contended that though an order of temporary injunction is not mentioned under ...injunction in a proceedings other than the suit, firstly let us have a look at a glance, on the law of injunction.22. The power to grant temporary injunction is embodied under Section ...provision and the power to grant temporary injunction cannot be derived from Section 94, unless the Rules so prescribes. The expression ‘if it is so prescribed’ embodied at the end of the opening sentence is very s...
...with the plaint, three Interlocutory Applications namely, IA.Nos.1 and 2 under Order XXXIX Rules 1 and 2 of CPC and IA.No.3 under Order XXXVIII Rule 5 read with Section 94 and further read with ...This appeal has been preferred by the plaintiffs in Com.OS.No.145/2020, whereunder following reliefs have been sought for: (i) Grant a permanent injunction...cashew kernels at the factory premises of Defendant No.5 and the appertaining buildings situated at Muduperar, Mangalore; (ii) Grant a permanent injunction directing Defendant No.5...
...suit, wherein I.A. No.1 filed by the plaintiff - appellant herein is under Order XXXIX Rules 1 and 2 of the Civil Procedure Code seeking an order of temporary injunction against the defendant - respondent herein is dismissed and I.A..., DISMISSING IA No.1
FILED UNDER ORDER 39 RULES 1 AND 2 CPC FOR
TEMPORARY INJUNCTION.
MFA No.2692/2011 IS FILED UNDER ORDER 43 RULE..., BANGALORE, ALLOWING IA No.3
FILED UNDER ORDER 39 RULES 1 AND 2 CPC FOR
TEMPORARY INJUNCTION.
THESE MFAs COMING ON FOR ADMISSION THIS DAY...
...statement. During the pendency of the suit, the plaintiff filed an application under Order 39 Rule 1 and 2 R/w. Section 94(e) of CPC and prayed for grant of temporary injunction restraining defendants...passed by the Senior Civil Judge and JMFC, Doddaballapura on an application filed under Order 39 Rules 1 and 2 R/w Section 94(e) of CPC in O.S.No.155/2011 vide Annexure-L...compass and relates to the grant of temporary injunction. As could be seen from the lis between the parties, the suit is one for partition. Taking note of the fact that the defendants were putting...
...in Section 94 which expressly prohibits the issue of a temporary injunction in circumstances not covered by Order 39 or by any rules made under the Code. It is well settled that the provisions of the...Sarma, contends that even assuming that the Court has inherent power under Section 151 of the CPC so far as the orders of injunction passed under Order 39 of the CPC are concerned, O. 39 of the CPC...itself provides for remedies for breach of the injunction order and that consequently there is no scope for invoking the provisions of Section 151 of the CPC for granting police aid for implementation of...
...are to be found in Rules 1 and 2 of Order 39 CPC. Hence a court is empowered, to grant temporary injunction under section 94(c) only if it is...satisfied that the requirement of Order 39, Rules 1 and 2 is made out. The court has no two source of power, one under section 94(c) and the other under Orde...application under Order 39, Rules 1 and 2, read with section 151 of the CPC praying for granting temporary injunction restraining the respondent/defendant from entering...
...specifically held that application under section 94 (c) and (e) read with Section
151 of the CPC for grant of temporary injunction without filing a regular civil suit is not main...94 read with section 151 of the CPC is not maintainable without filing a regular civil suit. Petitioner is required to file a regular civil suit in which he is free to seek injunction of permanent nature a...temporary injunction and the inherent powers conferred under the CPC can be invoked. He further argued that before expiry of two months as contemplated under section 80 of the cpc and before expiry of...