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ALLAHABAD HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 39, Rule 1 -- Ad interim injunction - Ex parte - Grant of - An ex parte injunction order is an exception - General rule is that injunction order be passed only after notice to defendant - It is only in rare cases where Court finds that object of granting injunction would be defeated by delay, Court can grant ex parte injunction but that..........

ALLAHABAD HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 39, Rule 1 -- Ad interim injunction - Ex parte - Grant of - Court to record reasons for its opinion that object of granting injunction would be defeated by delay - Requirement of recoding reasons is not a mere formality but a mandatory requirement...........

ALLAHABAD HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 39, Rule 1 -- Ad interim injunction - Ex parte - Grant of - Granted after 40 days of filing of suit - Writ petition challenging order filed after 130 days - Clearly demonstrates that there was no grave urgency in granting ex parte injunction order...........

ALLAHABAD HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Property in possession of Receiver u/s 146 Cr.P.C. - Civil Court is competent to grant injunction - Magistrate u/s 146 Cr.P.C. has power to attach the subject of dispute "until the competent Court determines the rights of parties thereto with regard to the person entitled to possession thereof" -..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2014
Details

Hindu Marriage Act, 1955, Section 13(1) -- Divorce - Adultery - Husband took the plea of adulterous life of wife in a petition filed by wife u/s 125 Cr.P.C. - Court came to the conclusion that wife had willfully deserted her husband as such she had no right to claim maintenance - Relief of interim maintenance was also declined - Held, divorce rightly granted...........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Consumer Protection Act, 1986, Section 19(1), 17(1)(a) - - Appeal against order of State Commission - National Commission admitted appeal and granted interim stay subject to payment of 50% of award given by State Commission - Validity - Held, a pre-deposit condition to deposit 50% of amount in terms of order of State Commission or Rs.35,000/-, whichever is less, being..........

RAJASTHAN HIGH COURT

Year of decision: 2014
Details

Contempt of Courts Act, 1971, Section 19(1) -- Contempt of Court - Appeal - An appeal u/s 19 of Act can be maintained only when High Court makes an order or decision in exercise of its jurisdiction to punish contemnor and not otherwise - Appeal, held, not maintainable against impugned order of Court dismissing contempt petition filed by party alleging no, compliance of..........

KERALA HIGH COURT

Year of decision: 2014
Details

Family Courts Act, 1984, Section 19(4), Criminal Procedure Code, 1973, Section 125 -- Maintenance - An order granting interim maintenance u/s 125 Cr.P.C is an interlocutory order and not revisable u/s 19(4) Act of 1984...........

MADRAS HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 39, 2A -- Interim injunction - Disobedience - Provision of O.39.R.2-A CPC is penal in nature and disobedience mast be proved like a charge in criminal case - Mere allegation of disobedience is not sufficient - Standard of proof required for violation of disregard of an injunction order is that of a criminal case, since the said act of a..........

MADRAS HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 39, 2A -- Interim injunction - Disobedience - Prima facie no case is made out against defendants to the subjective satisfaction of Court that defendants deliberately and willfully mentioned the alleged MoU in the petition to vacate interim stay and thereby violating the order of interim injunction granted by Court regarding restraining..........

Showing : 511-520 of 1666 Results