Showing : 11-20 of 127 Results

KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 2A-- Application U.O.39.R.2-A CPC - Forum to move an application - Court where main proceeding is pending deals with an application U.O.39.R.2-A CPC - Similarly, appellate Court (if the appeal suit is pending on its file) shall deal with an application alleging violation of injunction in respect of an..........
GAUHATI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 5, Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Stay of injunction order - Ad interim injunction order was passed against subsequent purchaser/applicant, as defendant/vendor sold the agreed property to him - It is evident that applicant would be parting with right, title and possession of a part of suit property by creating third party..........
DELHI HIGH COURT
Year of decision: 2017
Details
Protection of Women From Domestic Violence Act, 2005, Section 21, 12-- Interim custody of child - Petition by father - Court u/s 21 of the Act can pass order granting temporary custody of child - However, Act is not a final remedy for custody and guardianship issues of a minor child - S.7 of Family Courts Act vests jurisdiction in Family Court to decide suits or..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 41, Rule 1(r)-- Appeal - Ex parte injunction order - Provisional, temporary or interim order rendered U.O.39.Rr.1, 2 CPC is appealable U.O.41.R.1(r) CPC - However, aggrieved person can also recall such ex parte interim injunction order...........
KARNATAKA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r)-- Appeal - Against an order granting ex parte interim injunction for the second time - Appeal is maintainable, particularly when ex parte interim injunction granted by Court entertaining second application itself is erroneous, as provision of O.39.R.3(a) CPC not complied...........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Protection of Women From Domestic Violence Act, 2005, Section 23-- Interim maintenance - Magistrate granted Rs.5,000 to wife as interim maintenance after considering facts of case, nature of proceeding, status of parties, need of wife - Sessions Court while enhancing the maintenance from Rs.5,000 to 15,000 committed illegality in substituting his own view for..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Employees State Insurance Act, 1948, Section 45AA-- Imposes condition of pre-deposit of 25% of demand amount for entertaining appeal - Appellate Authority is empowered to partially or completely waive condition of pre-deposit in given facts and circumstances - However, power is not to be exercised in routine manner or as matter of course - Only..........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 100, Order 39, Rule 1-- Second appeal - Interim injunction - It is not open for second appellate Court to interfere with grant of interim discretionary order by Court of first instance, especially after the same was confirmed by lower appellate Court...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2-- Ad interim injunction - Police protection - Grant of ad interim injunction restraining defendant from raising construction over suit land in an unscientific manner - Appeal there against pending - Moreover, alternative efficacious statutory remedy U.O.39.R.2-A CPC is available to plaintiff - Order..........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ex parte interim injunction - Appeal - No appeal lies against an ad-interim injunction order except in extra-ordinary circumstances, as to no, compliance of mandatory provisions, or rarest of rare case, where order is perverse or biased or it suffers from lack of jurisdiction - Moreover,..........

Showing : 11-20 of 127 Results