Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Police help - Cannot be granted on the vague plea that defendant alongwith some persons tried to dispossess the plaintiff from the land in dispute in absence of some material before the Court...........
Constitution of India, 1950, Article 131 -- Supreme Court Rules, 1966, Order XLVII - Inter-state water dispute - Interlocutory application - State of Punjab filed interlocutory application - Prayed for ad interim injunction restraining State of Haryana from further proceeding with construction of a concrete toe wall on Hansi Branch-Bhutana Branch Multipurpose Link Channel..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Ad-interim injunction granted by civil Court restraining drawee from recovering amount of cheque - Not a bar for initiating proceedings u/s 138 of the Act...........
Court Fees Act, 1870, Section 7 -- Partition suit by purchaser - Court fee - Held, purchaser has the right to sue for partition - No ad valorem court fee is payable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(2), Constitution of India, 1950, Article 226 -- Ad interim injunction order - Appeal thereagainst - Maintainability - Ad interim order of status quo passed u/s 151 - Held, order was passed u/s. 151, CPC, it cannot be inferred that such an order was not capable of being passed..........
Service -- Appointment on adhoc officiating post in the year 1988 on fixed terms which continued - Regularization in the year 2004 under Uttaranchal Regularization of Ad Hoc Appointments (Posts under the purview of Public Service Commission) Rules, 2002 - Benefit of service from the year 1988 to 2004 for the purpose of seniority - Held, employee can get seniority only from..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - While granting ad interim ex-parte injunction or stay order Court must record undertaking from the plaintiff that he will have to pay mesne profits at the market rate and costs in the event of dismissal of interim application and the suit...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Exparte ad interim injunction - Life of exparte injunction or stay order should be limited so as to discourage the tendency to unnecessarily prolong the matter after obtaining exparte injunction order or stay order...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - As a rule, Court should grant interim injunction or stay order only after hearing the defendant and in case Court has to grant ex parte injunction in exceptional cases, then while granting injunction it must record in the order, that if suit is eventually dismissed, plaintiff will have to pay full..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Exparte ad interim injunction - Court should be cautious and extremely careful while granting ex parte ad interim injunction - Better course is to give a short notice and in some cases even dasti notice, hear both the parties and then pass suitable biparte orders...........
