Court : Kolkata
Reported in : (1896)ILR23Cal351
..... we do not think there is any force in the appellant's contention. section 56 of the specific relief act applies only to perpetual injunctions, as it occurs in the chapter relating to perpetual injunctions, and as temporary injunctions are by the express words of section 53 left; to be regulated by the code of civil ..... allowed by the code of civil procedure, and we do not think that section 56 of the specific relief act was ever intended to affect them. if section 56 had been intended to apply to temporary injunctions, then, considering the amount of interference with the ordinary course of trial that its-application would lead ..... which had no power to grant it; and that the judge has therefore acted with material irregularity in postponing the sale of sahkarsa by reason of the injunction. and in support of this contention section 56 of the specific relief act, i of 1877, and the case of dhuronidhur sen v. agra bank ..... removal to the superior courts of all cases in which inferior courts have jurisdiction over the subject-matter of the suit, merely because a temporary injunction is sought for, one would have expected some express and special provision to that effect. the view we take is quite in accordance ..... in whose court the execution case was pending, stayed the sale of sankarsa, which was to have been sold first, in accordance with a temporary injunction granted by the subordinate judge tinder section 492 of the code of civil procedure at the instance of a party who had brought a suit .....Tag this Judgment!
Court : Karnataka
Reported in : ILR1996KAR1485
..... s predecessor under the agreement.4. i have applied my mind to the contentions advanced by the learned counsel for the parties. that section 37 of specific relief act provides that temporary injunctions are such as are to continue until a specified time or until the further orders of the court and they may be granted at any stage ..... observations of the trial court. when the attention of the trial court was tried to be invited for the purpose of interim injunction, it observed, 'therefore under section 37 of the specific relief act, granting of temporary injunction are regulated by the code of civil procedure. therefore, for this purpose, order 39 rules 1 and 2 has to be looked ..... are applicable, but the principle of law contained in the provisions of the specific relief act, also control of granting temporary injunction and in cases where the permanent injunction cannot be granted, the court has no authority to grant temporary injunction and this principle will control the granting of temporary injunction. sri shetty submitted that in case where the plaintiff-applicant has got alternative ..... of the violation of the agreement, he is not entitled for temporary injunction.'8. these observations clearly show that while considering the application for temporary injunction, the trial court had acted illegally in not applying its mind to the provisions that are applicable in the matter of temporary injunction under specific relief act. it opined that simply provisions of order 39 rules 1 and .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : AIR1991MP199; 1991(0)MPLJ588
..... order 39, rule 1(c) of the c.p.c. it is further contended that in view of section 41(b) of the specific relief act temporary injunction could not be granted by the district court against the a.d.m. and the appellant could not be restrained from prosecuting the criminal proceedings for restoration of possession. it ..... be one for injunction. for the relief of temporary injunction under rule 2 of order 39 the ..... it has been held that section 41(b) of the specific relief act, 1963 curtails the power to grant injunction in personam and if the final relief cannot in terms be granted temporary relief in the same terms can hardly, if ever, be granted as power to grant temporary relief is in aid or as auxiliary to the final relief in order to maintain status quo so that the final ..... pointed out in dr. albert case air 1989 madras 73.16. perpetual injunction is regulated by sections 38 to 42 of the specific relief act, 1963. temporary injunction on the other hand, as provided by section 37 of the act, is regulated mainly by the provisions of the c.p.c. for an order for temporary injunction under order 39, rule 1, c.p.c. the suit need not .....Tag this Judgment!
Court : Karnataka
Reported in : ILR1996KAR932; 1996(1)KarLJ114
..... that discretion is controlled but the subsequent provisions. section 37(1) of the specific relief act provides that temporary injunctions are such as are granted to continue until a specified time or until further orders of the court and are regulated by the provisions of c.p.c. ..... the provisions of law as contained in the specific relief act and the c.p.c. material sections are sections 36, 37, 38 and 39 of specific relief act. these sections are quoted hereunder in extenso and they read as under:-'36. preventive relief is granted at the discretion of the court by injunction, temporary or perpetual. 37.(1) temporary injunctions are such as are to continue until a ..... court is capable of enforcing, the court may in its discretion grant an injunction to prevent the breach complained of, and also to compel performance of the requisite acts'. a reading of section 36 of the specific relief act very clearly shows that the granting of preventive relief of injunction, whether temporary or, perpetual, is no doubt at the discretion of the court concerned but ..... the interest of justice and to avoid the abuse of process of the court. but the substantive relief which a person wants to claim, such as mandatory injunction under section 39 of specific relief act, asserting the rights vested in the person who claims mandatory injunction and corresponding obligation on the defendant of that case or the opposite party, and the court if .....Tag this Judgment!
Court : Mumbai
Reported in : 1987(3)BomCR258
..... possession of the property ever interference by someone who is not proved to have a better title than himself to the suit property.'24. section 37 of the specific relief act, 1963, provides that temporary injunctions are such as are to continue until a specified time, or until the further order of the court, and they may be granted at ay stage of a ..... by courts of equity, because they are in accordance with justice, enquiry and good conscience. sections 38, 39 and 42 of the specific relief act mention the circumstances under which perpetual injunction can or cannot be granted. but thee section do not exhaust all the possibilities.26. where there is a duty enforceable by law, whether express or implied, whether ..... of tenancy, either of the plaintiff or of the defendant, in a suit simpliciter for permanent injunction, can be resolved having regard to the nature of the relief claimed in such a suit simpliciter for injunction.20. perpetual injunction can be granted under section 38 of the specific relief act, 1963, to the plaintiff 'to prevent the breach of an obligation existing in his favour ..... 21. sections 38 and 41 of the specific relief act, 1963, are to be read together and as supplementary to each other. section 38 shows as to when perpetual injunction may be granted, while section 41 enumerates cases where injunction may not be granted.22. in a suit simpliciter for perpetual injunction, although the relief of injunction is a substantive relief by itself, a declaration is implicit .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : I(2002)DMC242; 2002(1)MPHT276; 2002(1)MPLJ68
..... court by virtue of section 21 is not powerless or precluded to issue temporary injunctions in these proceedings. perpetual injunctions are granted under section 38 of the specific relief act, 1963 and the temporary injunctions are granted under the code of civil procedure. under sub-section (1) of section 38 of the specific relief act, 1963, a perpetual injunction may be granted to the plaintiff to prevent the breach of an obligation ..... be issued against spouse regarding breach of conjugal or matrimonial obligations and they may be said to be covered within the aforesaid scope of section 38(1) of the specific relief act under which a perpetual injunction may be granted in favour of the plaintiff to prevent the breach of an obligation existing in his favour, whether expressly or by implication. the hindu marriage ..... existing in his favour whether expressly or by implication. the obligation means and includes every duty enforceable by law. the word 'obligation' defined under section 2(a) of the specific relief act, 1963 means and includes every duty enforceable by .....Tag this Judgment!
Court : Chennai
Reported in : (1903)13MLJ13
..... so far as it was binding on them. of course it has to be borne in mind that the injunction granted in the present case was not a permanent injunction, the law with regard to which is laid down in the specific relief act, but a temporary injunction, the law with regard to which is regulated by the provisions of the civil procedure code. section 493, civil procedure code, ..... to the granting of a perpetual injunction is to be found in the specific relief act and is laid down with great precision, and that the ..... law with regard to the granting of a temporary injunction is to be found in the civil procedure code and is declared to be a matter for discretion, if ..... the special circumstances which determine whether the court should in its discretion grant an injunction before the hearing of the suit, the same general principles must equally apply to the granting of a temporary injunction as to a perpetual injunction, and those principles must, therefore, be sought in the specific relief act itself,' now, having regard to the fact that the law with regard .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1992Cal1
..... in the absence of evidence, that green leaves are available in the market. the district judge manifestly failed to appreciate the scope and purpose of mandatory injunction u/s. 39 of the specific relief act and grant of temporary injunction under the aforesaid section read with order 39 rules 1 and 2 of the code.39. findings of the district judge on the questions that were ..... be revised with reference to explanation 2 of s. 10 read with s. 14 of the specific relief act, the court should, not overlook the contention of mr. b. c. dutt that the suit was for injunction both mandatory and the temporary injunction was presented u/s. 39 of the specific relief act read with order 39 rule 2 of the code of civil procedure. the basic distinction as ..... special value and can be very easily available in the market within the meaning of section 10 of the specific relief act and that the learned judge clearly misconceived the scope and purpose of a mandatory injunction under section 39 and the grant of temporary mandatory injunction under the said section read with order 39, rules 1 and 2 of the civil procedure code.15. the learned ..... be 'not easily obtainable in the market' within the meaning of explanation ii of s. 10 of the specific relief act; vi) that the case does not merit granting of a prohibitory injunction to enforce any negative covenant; and vii) that grant of any prayer for temporary injunction would require supervision of the court from day to day which is not possible.22. it is the .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : AIR1975MP85
..... is not binding on the plaintiff if prima facie case is made out.8. although grant of perpetual injunctions is regulated by the provisions of section 38 of the specific relief act, the grant of temporary injunctions pendente lite is governed by the provisions of the code of civil procedure. clause (c) of ..... section 94 of the code of civil procedure provides that in order to prevent the ends of justice from being defeated the court may, if it is so prescribed, grant a temporary injunction ..... decree on the ground of fraud or to have it adjudged void and unenforceable on certain grounds and also files an application for a temporary injunction to restrain the decree-holder from executing the decree,the question of prima facie case infavour of the applicant will require serious consideration. ..... to make out a substantial case to be considered which may very well succeed when it comes to be heard. the principles which govern the grant of a temporary injunction may be summarised as below:(i) whether the ..... of granting a temporary or interlocutory injunction is to preserve status quo while rights are being litigated, and the onus is on the plaintiff to show his need for the injunction. this does not mean that he has to prove his case before he can claim interlocutory relief. he has only .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : AIR1993MP184
..... held that the plaint is not liable to be rejected. the revision accordingly stands dismissed. 11. coming to the appeal, let it be recalled that in terms of section 37, specific relief act, temporary injunctions are granted in accordance with the provisions of the code of civil procedure, for short, c.p.c. since 1-2-1977, the ambit of the power has been enlarged ..... any claim for another share therein. importantly and interestingly, she has made no attempt to contest any fact stated in the plaint and in the application for temporary injunction in specific terms about her alienations and other acts in respect of the 'disputed property'; in para 11 the bald statement made is - 'the factual allegations, if any, which fasten liability upon the answering defendant ..... within three years of his attaining majority and acquiring knowledge thereof. 4. in the plaint and also in the application for temporary injunction, it is alleged specifically that defendant no. 1 has executed several documents alienating various suit properties and committed other acts of waste prejudicial to the interest of the plaintiff of which particulars are furnished in sub-paras (a) to (k) of .....Tag this Judgment!