XXXIX, Rules 1 and 2. C.P.C . in granting or refusing temporary injunction is discretionary and like other cases of discretion is vested ... temporary injunction in exercise of its power under Section 151 , C.P.C. It is held that even if an application for temporary injunction under
temporary injunction. The trial Court however, did not do so.
7. The trial Court dismissed the plaintiffs' application for grant of temporary injunction ... have decided the application for temporary injunction without considering well established principles of law for the grant of temporary injunction, i.e. (i) whether
made out in favour of the plaintiff, the
Court will refuse temporary injunction if the injury
suffered by the plaintiff on account of refusal ... facie case is in favour of the
plaintiff, the Court will refuse temporary
injunction, if the injury suffered by the plaintiff
on account of refusal
entitled for relief of temporary injunction as
there is no prima facie case made out by plaintiffs for granting
temporary injunction and the relief sought ... irreparable loss or no hardship would cause to plaintiffs if
temporary injunction is refused. It is further stated that since
the suit itself
entitled for relief of temporary injunction as
there is no prima facie case made out by plaintiffs for granting
temporary injunction and the relief sought ... irreparable loss or no hardship would cause to plaintiffs if
temporary injunction is refused. It is further stated that since
the suit itself
District Judge in Misc. Civil Appeal filed against an order refusing
temporary injunction to the plaintiff, basically in the nature of an appeal
against ... appellate
court to interfere with the order granting or refusing temporary
injunction to a party. It has considered such cases as N. R. Dongre
contentions raised on behalf of the defendant-
petitioner. The order refusing temporary
injunction is of a discretionary character.
Ordinarily Court of appeal will not interfere ... contentions raised on behalf of the
defendant-petitioner. The order refusing
temporary injunction is of a discretionary
character. Ordinarily Court of appeal will not
interfere
Court to deny temporary injunction would not
subsist. Hence, cloud on maintainability of suit stood cleared.
26. But, denial of temporary injunction by first appellate ... such circumstances, prudence
commend refusal of the injunction as a prudent course
and discretion is better exercised by refusing the
injunction sought for....expending
that scope of judicial review in an
appeal against the order refusing temporary injunction by
the trial Court is very much limited, as it lies ... contentions raised on
behalf of the defendant-petitioner. The order
refusing temporary injunction is of a
discretionary character. Ordinarily Court of
appeal will not interfere
because another view is possible. It is also submitted that
refusal of temporary injunction would lead to immediate demolition,
causing of irreparable injury ... governing the grant or refusal of interlocutory injunction in trade
mark and trade name disputes. A refusal to grant an injunction in
spite
