respect of the issue of an injunction wrongfully obtained under [Chapter XXXIV] [Now see the Code of Civil Procedure ... respect of the issue of an injunction wrongfully obtained under Chapter XXXV of that Code; or (l) for injury to the person in any case
plaintiffs land must be wrongful or
even if the initial possession is not wrongful, the continuance of possession must be wrongful. In the instant case ... injunction obtained by ihe plaintiffs. Even if the plaintiffs would not have obtained the
order of injunction, the plaintiffs had suffered the order of injunction
Section 188 of the Act of 1955 provides as under :
188. Injunction against wrongful ejectment
(1) Any tenant whose right to or enjoyment ... injunction also. It is thus evident that Section 92A of the Act of 1955 cannot be resorted to for a perpetual injunction against wrongful ejectment
covered by Article 90 since it is in respect of an injunction
wrongfully obtained or, in the alternative, by the residuary article,
namely, Article ... wrongful arrest. Is it a suit for compensation for
wrongful seizure? Or is it for compensation for injury caused by an
injunction wrongfully obtained
suit for recovery of compensation for injury caused by an injunction wrongly
obtained, prescribes a limitation of three years commencing from the date
when ... relief, as claimed in the present
suit, accrued only when the injunction wrongly obtained ceases. The plaint,
on the averments contained therein, thus does
occasioned by the death of a person, caused by actionable wrong; (b) for wrongful arrest, restraint or confinement: (c) for malicious prosecution; (d) for libel ... Code or in respect of the issue of an injunction wrongfully obtained under order XXXIX of the First Schedule to the Code
Succession Act, 1925 (39 of 1925), ss. 360 and 361 .
(b) for wrongful arrest, restraint or confinement; (c) for malicious prosecution; (d) for libel ... respect of the issue of an injunction wrongfully obtained under Chapter XXXV of that 3Code; or (l) for injury to the person in any case
suit and
arises out of an application for grant of temporary
injunction filed under Order 39 Rule 1 CPC by the
plaintiff-appellant. The suit ... Civil Judge (S.D.), Baroda. The trial
Court granted temporary injunction (wrongly described as
permanent injunction) by order dated 2.8.1997 restraining
interference with the appellant
Fomento Resorts & Hotels & Anr vs Minguel Martins & Ors on 20 January, 2009
proper justification for the issue of an injunction virtually maintaining or advancing the wrongful act of the plaintiff. (vide Alagi Alamelu Achi v. Ponniah Mudaliar ... proper justification for the issue of an injunction virtually maintaining or advancing the wrongful act of the plaintiffs."
This Court again has ruled
