AI Overview...
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Interim Injunction under Section 151 CPC - The courts have consistently held that interim injunctions can be granted under Section 151 CPC in conjunction with Order 39, Rules 1 and 2, to prevent irreparable harm pending the final decision. The application for such injunctions is permissible at the stage of the suit, and courts have affirmed their authority to do so, provided the orders are lawful and not illegal or perverse. Shis Ram VS Karta - Current Civil Cases
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Application of Order 39, Rules 1 & 2 - These rules empower courts to grant temporary injunctions to restrain parties from actions that may cause harm or alter the status quo during the pendency of the suit. Courts have allowed interim relief in cases involving land transfers, property modifications, or other civil disputes, often combining these rules with Section 151 CPC for broader discretion. Shiv Kumar Sahu S/o Shri Dau Lal Sahu VS M. Khalil Ullah S/o Late Shri M. Kali Mullah - Chhattisgarh, Anand Rathi Shares And Stock Brokers Limited VS Sangamesh - Karnataka
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Scope of Section 151 CPC - Section 151 provides inherent powers to the courts to do complete justice and supplement the specific provisions of the CPC, including granting interim relief. It is invoked when the existing rules do not explicitly cover a particular situation, allowing courts flexibility in granting interim injunctions or orders, such as police aid or preservation of evidence. Dhanavath Chandya Died VS Dhanavath Madhu - Telangana, Suresh Kr. Dhanuka VS Kedar Nath Dhanuka - Gauhati
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Judicial Precedents and Case Law - Courts have upheld the legality of interim injunctions granted under Order 39 Rules 1 and 2 read with Section 151 CPC, emphasizing that such relief is crucial for maintaining the status quo and preventing irreparable damage during litigation. Orders are subject to appeal or revision but are scrutinized for legality and correctness. Ahmed Bin Sayeed VS Kamala Bai and seven - Andhra Pradesh, Executive Engineer OP Division DHBVNL Haryana VS Ram Phal - Punjab and Haryana, A. P. Moller Maersk A/S VS Maersk Mining and Exploration Private Limited - Delhi, Malak Singh VS Iqbal Singh - Punjab and Haryana
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Specific Cases - In cases involving property disputes, securities fraud, or intellectual property infringement, courts have permitted interim injunctions under the CPC framework, often combining statutory provisions with the inherent powers of Section 151. Such injunctions include restraining transfer, use of trademarks, or interference with possession. Anand Rathi Shares And Stock Brokers Limited VS Sangamesh - Karnataka, A. P. Moller Maersk A/S VS Maersk Mining and Exploration Private Limited - Delhi, Malak Singh VS Iqbal Singh - Punjab and Haryana
Analysis and Conclusion:
Interim injunctions can indeed be allowed under Section 151 CPC when invoked alongside Order 39 Rules 1 and 2. Courts have consistently recognized their authority to grant such relief to prevent irreparable harm, preserve the status quo, and ensure justice during the pendency of civil proceedings. The key is that these orders must be lawful, justified, and not suffer from illegality or perversity, with Section 151 providing a vital legal basis for flexible and equitable interim relief where specific provisions are inadequate.
Search Results for "Interim Injunction Cn be Allowed under Section 151 C P C"
• India - Current Civil Cases
SHAM SUNDER
Civil Procedure Code, 1908— Order 39, Rules 1, 2—Section 151—Ad-interim injunction—Application for—Allowed by trial Court—Appeal ... injunction—Impugned orders of Courts below not suffers from any illegality or perversity—Warrants no interference in Revisional ... Court—Revision against—Held, Courts below rightly held that at stage of deciding application under Order 39, Rules 1, 2 read with Section ... Alongwith the suit, an application, under Order 39, Rules 1 and 2....
2016 0 Supreme(Chh) 394 • India - Chhattisgarh
CHANDRA BHUSHAN BAJPAI
- Trial Court vide order allowed said interim application and directed defendants 2, 3 and 4 to not to transfer the suit land in ... Code of Civil Procedure, 1908 - Order 39, Rule 1 and 2 read with Section 151 – Land Issue - Temporary injunction ... 152 read with Section 151 of Code for deletion of the said house as same was not included as a suit property – Held, It is not case ... Court vide order dated 18-01-2013 allowed the said interim....
2020 0 Supreme(Kar) 968 • India - Karnataka
NATARAJ RANGASWAMY
CPC - Interim Injunction - Securities Fraud - [CIVIL PROCEDURE CODE] - [ORDER 39 RULE 1, ORDER 39 RULE 2, SECTION 151] - The court ... allowed an application filed by the plaintiff under Order 39 Rule 1 and 2 R/W section 151 of CPC and directed the defendant No.1 ... The plaintiff sought an injunction to direct defendant No.1 to deposit a sum of Rs.47,69,000/-. ... Further, an interim mandatory injunction can be gr....
2014 0 Supreme(AP) 902 • India - Andhra Pradesh
K.C.BHANU, ANIS
(A) Civil Procedure Code, 1908—Order 39 Rules 1 and 2 read with Section 151—Ad interim injunction—Petitioners/plaintiffs are owners ... and possessors of land—Trial Court allowed petition and directed respondents to restrain from changing nature of property and making ... ... (B) Contract Act, 1872—Section 190—Restriction on delegation—A delegated ... The petitioners filed the petition under Order XXXIX Rules 1 and 2 read with Section 151 C.P.C. to ....
2004 0 Supreme(Gau) 70 • India - Gauhati
I.A.ANSARI
The Plaintiff-Petitioner sought interim injunction under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure ... , which was partially allowed by the learned Civil Judge (Jr. ... of orders granting or refusing to grant temporary injunction. ... Briefly stated, the facts leading to this revision are as follows: ... An application, seeking interim injunction under Order 39 Rules 1 and 2 read with Section #HL_ST....
2022 0 Supreme(Telangana) 116 • India - Telangana
A.VENKATESHWARA REDDY
of Civil Procedure, 1908, Order XXXIX Rules 1 and 2] - The court allowed the application for police aid under Section 151 of the ... police aid - Civil Procedure - Code of Civil Procedure, 1908 - Section 151 - Order XXXIX Rules 1 and 2 - [Section 151 of the Code ... allowed. ... In the result, the Civil Revision Petition is allowed setting aside the order impugned. Consequently, I.A.No.292 of 2019 stands allowed. .....
2017 0 Supreme(Chh) 702 • India - Chhattisgarh
SANJAY K.AGRAWAL
151 of CPC read with Section 178(1) of Code is set aside - Writ petition is allowed. ... injunction under Order 39 Rule 1 & 2 of CPC that has not been invoked into and application under Section 151 of CPC has been filed ... 151 of CPC, this writ petition has been filed - Counsel for petitioners submit since there is specific provision for granting interim ... filed an application under Section 151 of the CPC for wh....
2023 0 Supreme(P&H) 1070 • India - Punjab and Haryana
ARUN MONGA
Finding of the Court: The court found that the plaintiff's application for ad interim injunction was rightly allowed ... electricity theft - injunction application - Code of Civil Procedure, 1908 - Order XXXIX Rules 1 and 2, Section 151 - 22.09.2020 ... under Order XXXIX Rules 1 and 2 read with Section 151 of CPC, directing the release of a new electricity connection to the plaintiff's ... He would contend that plaintiff filed an application seekin....
2012 0 Supreme(Del) 2715 • India - Delhi
MANMOHAN SINGH
Finding of the Court: The court allowed the exemption and granted an interim injunction in favor of the plaintiffs, ... original documents under Section 151 of CPC and an injunction against the defendant from using the word MAERSK as part of its corporate ... Section 151 CPC - Exemption from filing original documents - Trade Marks Act, 1999 - Section 29(4) - Well-known trademark - Infringement ... In view of the above, it is prima....
2022 0 Supreme(P&H) 599 • India - Punjab and Haryana
FATEH DEEP SINGH
injunction under Order 39 Rule 1 read with Section 151 CPC was allowed and the petitioners were restrained from interfering into the possession of the plaintiff (now respondent) in the suit land. ... The parties had fallen into litigation whereby a civil suit was filed by Iqbal Singh against Malak Singh and others for permanent injunction. ... In the said suit, an application under Order 39 Rule 1 and 2 read with Section 151 CPC was disposed off and which order was ch....
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