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RAHUL BHARTI
Pankaj Chandan – Appellant
Versus
Ashok Singh Chib – Respondent
JUDGEMENT
1. Heard learned counsel for the parties, perused the pleadings and scanned the record.
2. Through this petition an exercise of supervisory jurisdiction of this Court vesting in terms of article 227 of the Constitution of India is being solicited by the petitioner for examining the legal fitness of exercise of jurisdiction on the part of the court of learned Ist Additional District Judge, Jammu in adjudicating a civil miscellaneous appeal under Order 43 Rule 1(r) of the Code of Civil Procedure (CPC), 1908 against an order of rejection of temporary injunction application maintained under Order 39 Rule 1 & 2 of the Code of Civil Procedure (CPC), 1908 in a civil suit of the respondent No. 1-Ashok Singh Chib before the court of learned Sub-Registrar (Munsiff), Jammu. The two courts are tangent in terms of their respective adjudication with respect to an interlocutory injunctory matter.
3. Examination of facts in/of a case, be it civil or criminal, before a court of law, be it at trial or first appellate stage, is meant and expected to be both at macro as well as micro level on the part of a given court. For this, a perpetual principle to be referred to and reminded is “fact firs
The supervisory jurisdiction of the High Court can overturn lower court decisions if those decisions reflect procedural errors or ignore critical facts pertaining to ownership and possession.
(1) Temporary injunction—In the matter of adjudication of a temporary injunction, contention of parties to lis are meant to be considered objectively by court as a finding on prima facie case would b....
The court clarified that to obtain a temporary injunction, a party must demonstrate irreparable harm, a favorable balance of convenience, and a prima facie case even without physical possession.
The court established that for a temporary injunction, a prima facie case, irreparable loss, and balance of convenience must all be satisfied.
Suppression of revenue proceedings setting aside relied-upon mutation constitutes unclean hands, disentitling temporary injunction; High Court under Article 227 will not re-appreciate evidence or int....
Point of Law : Exercise of power under this article involves a duty on the High Court to keep inferior courts and tribunals within the bounds of their authority and to see that they do the duty expec....
Point of Law : Grant of mandatory injunction is not prohibited in all cases if a clear prima facie material is placed which justifies a finding that status quo may be altered by one of the parties if....
The appellate court can reverse trial court findings and consider all evidence in a permanent injunction suit, even after confirming some findings, if the trial court inadequately assessed the eviden....
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