Search Results Page
Search Results
1 - 10 of 12 (0.23 seconds)Wander Ltd. And Anr. vs Antox India P. Ltd. on 26 April, 1990
31. The appellate court in an appeal from an interlocutory order granting or declining to
grant interim injunction is only required to adjudicate the validity of such order applying
the well-settled principles governing the scope of jurisdiction of the appellate court under
Order 43CPC which have been reiterated in various other decisions of this Court. The
appellate court should not assume unlimited jurisdiction and should guide its powers
within the contours laid down in Wander case [Wander Ltd. v. Antox India (P) Ltd., 1990
Supp SCC 727] .
The Code of Civil Procedure, 1908
Sri Thimmaiah vs Shabira And Ors on 6 February, 2008
Seth Ganga Dhar vs Shankar Lal & Others on 15 April, 1958
57. Now the judgments cited by the parties may be noticed. The judgement of the
Hon'ble Supreme Court in the case of Seth Ganga Dhar (supra) is an authority
for the proposition that a mortgagee has a right to redeem the mortgaged
property which cannot be abrogated by any term in the mortgage agreement.
The said principle is indeed salutary but it is prima facie not applicable to the
facts of the present case in the case at hand it prima facie appears that the said
right has been extinguished by the act of parties.
Sm. Muktakesi Dawn And Ors. vs Haripada Mazumdar And Anr. on 4 March, 1987
Mr. Sen also relied on the judgment in the case of
Sm. Muktakesi Dawn & Ors. vs. Haripada Mazumdar & Anr.6 for the
proposition that doctrine of lis pendens is not enough to take fullest care of the
plaintiff's interest vis-à-vis transfer during pendency of proceeding and as such
injunction should be granted in fit cases.
Chandrakant Shankarrao Machale vs Parubai Bhairu Mohite on 13 March, 2008
60. The judgment in the case of Chandrakant Shankarrao Machala (supra)
has been cited for the proposition that terms of a registered instrument can be
altered or varied only by a registered document and not by an unregistered
document. The same does not come to the aid of the respondent inasmuch as in
the case at hand, we have found prima facie that there is no alteration or
variation of the terms of the JDA by the minutes of the meeting held on May 10,
2024 and that the said minutes are actually in furtherance of the JDA.
Dalpat Kumar And Anr. vs Prahlad Singh And Ors. on 16 December, 1991
62. We have respectfully followed the principles laid down in the said judgment.