Showing : 91-100 of 121 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 39, Rule 3-- Exparte ad interim injunction - Reasons for dispensing with notice if not recorded - Appeal lies against such an order - Contention that appeal lies against such an order only if petition is not decided finally within 30 days - Not correct...........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Contempt of Courts Act, 1971, Section 2(b)-- Wilful disobedience - Eviction decree - Appeal to Supreme Court - Interim stay granted - Contemners attempting to enforce decree contrary to order of Court - Stand taken in reply to show cause notice pervaricating - Explanation that tenant did not produce certified copy of order - Not satisfactory..........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Contempt of Courts Act, 1971, Section 2-- Eviction petition - Appeal - Tenant given time to vacate subject to giving undertaking - But no undertaking given - Brother-in-law of tenant filing suit and obtaining interim order - Contempt petition by landlord - Suit withdrawn on coming to know of contempt petition - Affidavit by tenant and his..........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 39, Rule 2-A-- Interim injunction - Violation - Trial Court imposed fine of Rs.1,000/- and further direction for vacation of premises within three months - High Court in appeal directed the impugned order to be kept in abeyance as application under order 39 CPC was still pending - Impugned order passed by High..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Exparte decree - Two remedies are available - (i) Exparte decree can be sought to be set aside showing sufficient cause; (ii) an appeal showing the illegality of the judgment and decree and the interim proceedings which merged into the judgment and decree can be sought...........
ANDHRA PRADESH HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r)-- Exparte ad interim injunction - Right to appeal is provided to the aggrieved party - If no appeal could be filed against the order passed revision is available - Availability of an alternative remedy i.e. opportunity to contest the matter in the lower Court is not a ground for rejection of appeal..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Section 115-- Maintainability of revision against interim order - If interim order will occasion a failure of justice or cause irreparable injury to the party against whom it was made - Section 115 must come to the rescue of aggrieved party - High Court cannot fail in its duty in not interfering in those cases..........
SUPREME COURT OF INDIA
Year of decision: 1999
Details
Chandigarh Lease Hold of Site and Building Rules, 1973, Rule 12, 20-- Cancellation of lease for default in payment of instalment of lease amount - Order upheld in appeal and in revision and writ petition challenging these orders dismissed by Division Bench of High Court reported as 1999 (1) PLJ 417 - Supreme Court accepted the appeal, order of cancellation of lease..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction in a suit for declaration to be owners in possession - Defendants allegation that land in dispute allotted to them by Consolidation Authorities and they are seeking possession thereof - Plaintiffs in possession of land in dispute and yet to establish title - If dispossessed..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1998
Details
Punjab Land Revenue Act, Section 13,16,111,112,113,114,115,116,117,118-- Dismissal of objection alleging involvement of question of title in partition proceedings - Interim order - No appeal lies against such order - Only a revision is competent...........

Showing : 91-100 of 121 Results