AI Overview...
- Injunction in Money Suit - Main points and insights:
- Injunctions can be granted in suits involving immovable property to prevent transfer, alienation, or encumbrance, especially when the plaintiff faces irreparable harm or balance of convenience favors them Sameer Kohli S/o Shri Hitesh Chandra Kohli VS Pawan Kumar Aggarwal S/o Sh. Ratan Kumar Aggarwal - Current Civil Cases.
- Courts have granted interim or temporary injunctions restraining the transfer or alienation of immovable property during the pendency of a suit, including specific performance cases under Sections 16(i)(c) of the Specific Relief Act, 1963, and Sections 22, 52 of the Transfer of Property Act, 1982 Babul Saha VS Sanat Kumar Mallick - Calcutta, Cosmopolitan Trading Corporation VS Engineering Sales Corporation - Rajasthan.
- In money suits, injunctions can be granted if the defendant threatens to dispose of property, particularly when such disposal affects the plaintiff's rights or recovery of money Cosmopolitan Trading Corporation VS Engineering Sales Corporation - Rajasthan.
- The applicability of injunctions in money suits extends to restraining transfer or alienation of property, even if the property is not directly involved in the suit, provided there is a threat to dispose of property that could prejudice the plaintiff's claim Santosh Promoters Pvt. Ltd. VS Intrasoft Technologies Ltd. - Calcutta.
- Courts distinguish between injunctions in suits for specific performance of immovable property contracts and those in money recovery suits, but both can involve restraining transfer of property to protect contractual or monetary rights Sameer Kohli S/o Shri Hitesh Chandra Kohli VS Pawan Kumar Aggarwal S/o Sh. Ratan Kumar Aggarwal - Current Civil Cases, Babul Saha VS Sanat Kumar Mallick - Calcutta.
- In cases where the plaintiff seeks recovery of money and the defendant threatens to dispose of immovable property, courts may grant injunctions to prevent such disposal to secure the plaintiff's interests Cosmopolitan Trading Corporation VS Engineering Sales Corporation - Rajasthan.
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The grant of injunctions in money suits is also linked to the nature of relief claimed, whether it involves specific performance or merely recovery of money, with courts exercising discretion based on the facts and threat perception Santosh Promoters Pvt. Ltd. VS Intrasoft Technologies Ltd. - Calcutta.
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Analysis and Conclusion:
- Courts recognize that injunctions are a vital remedy to preserve immovable property when there is a threat of alienation, especially in the context of suits involving contracts, specific performance, or money recovery.
- The main criterion for granting such injunctions is the likelihood of irreparable harm to the plaintiff's rights, and whether the balance of convenience favors preservation of the property.
- In money suits, injunctions serve as a protective measure against the defendant's potential disposal of property that could impede recovery, aligning with principles under the Civil Procedure Code and relevant statutes.
- Overall, injunctions can be granted in suits involving immovable property to prevent its transfer or alienation, even in the context of money recovery, provided the court is satisfied of the threat and necessity to protect the plaintiff's interests Sameer Kohli S/o Shri Hitesh Chandra Kohli VS Pawan Kumar Aggarwal S/o Sh. Ratan Kumar Aggarwal - Current Civil Cases, Babul Saha VS Sanat Kumar Mallick - Calcutta, Cosmopolitan Trading Corporation VS Engineering Sales Corporation - Rajasthan.
Search Results for "In Money Suit Injunction can be Granted to Immovable Property"
• India - Current Civil Cases
BIRENDRA KUMAR
loss as money cannot compassionate for immovable property of choice – Injunction granted. ... Section 151 – Specific Relief Act, 1963 – Section 16 (i) (c) – Agreement to Sell – Specific Performance of Contract – Ad interim injunction ... property to any other person – Balance of convenience is in favour of plaintiff-appellants – Plaintiff would be put in irreparable ... the injunction is granted. ... The balance of convenience is in....
2012 0 Supreme(Cal) 872 • India - Calcutta
HARISH TANDAN
INJUNCTION - SPECIFIC PERFORMANCE OF AGREEMENT FOR SALE OF IMMOVABLE PROPERTY - SECTIONS 22, 52 OF TRANSFER OF PROPERTY ACT, 1982 ... Fact of the Case: The petitioner filed a suit for specific performance of an agreement for sale of immovable property ... The Trial Court granted an ex parte order of injunction restraining the opposite parties from alienating, transferring and encumbering ... The Trial Court granted an exparte orde....
1998 0 Supreme(Pat) 184 • India - Patna
M.Y.EQBAL
contract for the transfer of immovable property may seek other relief including refund of earnest money and if the plaintiff has ... PERFORMANCE OF CONTRACT - SECTION 22 OF THE SPECIFIC RELIEF ACT - TRANSFER OF IMMOVABLE PROPERTY - REGISTERED INSTRUMENT. ... not claimed any such relief, the same shall not be granted by the Court. 3. ... relief including refund of earnest money and if the plaintiff has not claimed any such relief, the same shall not be grante....
2001 0 Supreme(Raj) 510 • India - Rajasthan
SHIV KUMAR SHARMA
order – Dismissed – Scope of judicial discretion – Held – Injunction can be granted in a suit for recovery of money where the Court ... ... Injunction can be granted in a suit for recovery of money where ... is satisfied that defendant threatens or intends to remove or dispose of his property – Intention to sell the property is established ... Rana Sheo Ambar Singh and others (3), indicated that an injun....
2016 0 Supreme(Cal) 627 • India - Calcutta
JYOTIRMAY BHATTACHARYA, ISHAN CHANDRA DAS
INJUNCTION - MONEY SUIT - PROPERTY TRANSFER RESTRAINT - ORDER 39 RULE 1(B) CPC - APPLICABILITY - DISTINCTION FROM ORDER 38 RULE ... of the Civil Procedure Code (CPC) in a suit for realization of money, even if the property in respect of which the injunction is ... of money, even if the property in respect of which the injunction is sought is not directly or indirectly involved in the sui....
2014 0 Supreme(Bom) 1404 • India - Bombay
R.D.DHANUKA
The learned Arbitrator granted various interim measures in favor of the respondents. ... Finding of the Court: The court found that the relief granted by the learned Arbitrator in paragraph 44(v) was contrary ... Ratio Decidendi: The court's decision was based on the inconsistency between the relief granted and the conclusions drawn ... A temporary injunction is sought restraining the defendants from transferring movable and immovable property. In a suit for #HL_ST....
• India - Calcutta
SOUMEN SEN
- INJUNCTION - MONEY DECREE - SPECIFIC RELIEF ACT - MORTGAGE SUIT - LEAVE GRANTED UNDER CLAUSE 12 OF LETTERS PATENT - DEMURRER APPLICATION ... - REVOCATION OF LEAVE - RETURN OF PLAINT - STATUS QUO ORDER - AFFIDAVIT-IN-OPPOSITION - ORAL SUBMISSION - MERITS OF INJUNCTION APPLICATION ... to entertain such a suit where the property is situated outside the local limits of the ordinary original civil jurisdiction of ... Even if it is assumed that there is any loan transacti....
2012 0 Supreme(Bom) 235 • India - Bombay
ANOOP V.MOHTA, D.K.DESHMUKH
recorded the finding that the plaintiffs have not made out a case for attachment before judgment, the Single Judge could not have granted ... temporary injunction against the defendants. ... restraining the defendants from transferring, alienating, parting with possession of the property. ... A temporary injunction is sought restraining the defendants from transferring movable and immovable property. In a suit for money decree, normally, an order of ....
2021 0 Supreme(Cal) 318 • India - Calcutta
SHEKHAR B. SARAF
was being performed by petitioner till the demise of its nominee and/or director - Sanction plan for development of premises was granted ... Just because damages can be computed in the form of money spent by developer, it does not mean that specific performance cannot be ... 3)(c)(i) - Indian Contract Act, 1872 - Section 55 - Agreement for Development Agreement for Development - Essence of contract – Suit ... the injunction is granted. ... In the case of Ambalal Sarabhai (supra), the Hon’ble Supreme Cou....
2017 0 Supreme(AP) 675 • India - Andhra Pradesh
V.RAMASUBRAMANIAN, N.BALAYOGI
/plaintiffs was that the defendant agreed to sell and the plaintiff agreed to purchase the suit schedule property under the said ... that though the trial Court was right in dismissing the claim for specific performance, the trial Court ought to have at least granted ... The suit filed by the appellants/plaintiffs will be decreed, directing the defendant to refund to the plaintiffs, the advance money ... loss; that since Bangalore has attained the status of an international city, purchasing a ....
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