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Documents citing Kishore Kumar Khaitan & Anr vs Praveen Kumar Singh on 13 February, 2006

Smt. Gita Devi Saha & Others vs Amber Tour & Travels Pvt. Limited & ... on 6 October, 2010

In the case reported in (2006) 3 SCC 312 (Kishore Kumar Khaitan Vs Praveen Kumar Singh), the Hon'ble Supreme Court observed that it was not appropriate for the Additional District Judge to pass an order, simply directing the parties to maintain status quo without indicating what the status quo was, is not an order that should be passed at the initial stage of the litigation, especially when one court had found no reason to grant an ex parte order of injunction. It was further observed in that case that the court has first to consider whether the plaintiff has proved that 9 he was in possession on the date of suit and on the date of the order and unless a prima facie finding that plaintiff was in possession on those dates, is entered, an order for interim injunction could not have been passed.
Calcutta High Court (Appellete Side) Cites 8 - Cited by 0 - Full Document

Shashi Bhusan Prasad vs Anil Kumar Sahay on 8 November, 2019

In the said case, the Hon'ble Apex Court while dealing with the case of status quo wherein the order of status quo has been passed has considered the factual aspect and given observation along with the finding that the prima facie case is to be shown before passing interim order of maintaining status quo. It is settled position of law that the judgment will have its binding effect if any ratio has been laid down and the judgment rendered by the higher Court is not ipso facto applicable rather it depends on the facts and circumstances of each and every case, herein the fact is not pertaining to eviction of the tenant rather the suit herein pertains to the declaration of right and title and when the trial court after taking into consideration the nature of issues which is to be adjudicated i.e., pertaining to title, as such after taking into consideration the prima facie case, balance of convenience and irreparable loss has passed an order, therefore, on fact the judgment rendered by the Hon'ble Apex Court in the case of Kishore Kumar Khaitan & Anr. vs. Praveen Kumar Singh (supra) is not applicable in this case.
Jharkhand High Court Cites 5 - Cited by 0 - S N Prasad - Full Document
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