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Home CIVIL

Interlocutory injunction   – Appeal  –  Scope of interference in an appeal against exercise of discretion by the trial court to grant an interlocutory injunction

by PLRonline
December 31, 2021
in CIVIL, Civil and Criminal Cases
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Interlocutory injunction  – Injunction – Appeal  –  Scope of interference in an appeal against exercise of discretion by the trial court to grant an interlocutory injunction – Interference in second appeal would be called for only if we reach the conclusion that the exercise of discretion in favour of the plaintiffs is contrary to the settled principles for the grant of a temporary injunction or that it is arbitrary or perverse – The concurrent findings, on which the grant of interlocutory injunction in favour of the plaintiffs is based is, to say the least, a reasonable conclusion on the relevant material available at this stage –  It is not for this court at the stage of second appeal to reassess the material and reach an independent conclusion thereon for the first time and it has only to be seen whether the conclusion reached by the trial court was reasonably possible on the material.

read HERE: 1996 PLRonline 0002

.N.R. Dongre v. Whirlpool Corpn. , 1996 PLRonline 0002, (1996) 5 SCC 714

Tags: InjunctionInjunction - interlocutoryInjunction - Scope of intereferencePassing off
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N.R. Dongre v. Whirlpool Corpn. , 1996 PLRonline 0002

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Passing off  – Interlocutory injunction

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