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1 - 10 of 13 (0.29 seconds)Section 4 in The Partition Act, 1893 [Entire Act]
The Transfer Of Property Act, 1882
Champsey Bhimji And Co. vs The Jamna Flour Mills Co., Ltd. on 26 June, 1914
208, a
Division Bench of the Madras High Court held that court's in
India have the power by virtue of Order 39 Rule 2 of the
Code of Civil Procedure to issue temporary injunction in a
mandatory form and differed from Beaman's view accepting the
view in Champsey Bhimji & Co. v. Jamna Flour Mills Co.
(supra).
The Partition Act, 1893
Rasul Karim vs Pirubhai Amirbhai on 16 January, 1914
In one of the earliest cases in Rasul Karim & Anr. v.
Pirubhai Amirbhai, ILR 1914 38 Bom. 381, Beaman, J. was of
the view that the
343
court's in India have no power to issue a temporary injunc-
tion in a mandatory form but Shah, J. who constituted a
Bench in that case did not agree with Beaman, J. in this
view.
Section 4 in The Transfer Of Property Act, 1882 [Entire Act]
The Code of Civil Procedure, 1908
Udayanath Sahu vs Ratnakar Bej And Ors. on 2 January, 1967
On the question whether the enjoyment of ascertained sepa-
rate portions of the common dwelling house and the alienee
taking possession made any difference the learned Judge
quoted the following passage from Udayanath Sahu v. Ratnakar
Bej, AIR 1967 Orissa 139 with approval:
Israil vs Shamser Rahman on 27 August, 1913
In Israil v. Shamser Rahman, ILR 191441 Cal. 436,
it was held that the High Court was competent to issue an
interim injunction in a mandatory form. It was further held
in this case that in granting an interim injunction what the
Court had to determine was whether there was a fair and
substantial question to be decided as to what the rights of
the parties were and whether the nature and difficulty of
the questions was such that it was proper that the injunc-
tion should be granted until the time for deciding them
should arrive. It was further held that the Court should
consider as to where the balance of convenience lie and
whether it is desirable that the status quo should be main-
tained.