Showing : 351-360 of 1425 Results

RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 21, 22-- Domestic violence - Interim maintenance - Final adjudication yet to be decided - PWDV Act is a special Act promulgated for protection of women of weaker section of society - Parameters of granting maintenance under the Act are quite different from the parameters for granting maintenance u/s 125..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1-- Interim injunction - Appeal - Trial Court committed error by granting ex-parte interim injunction, that too without inviting objections from defendant - Moreover, Court also did not observe three conditions, i.e prima facie case, balance of convenience and irreparable loss and injury - Impugned..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Both parties claiming possession - Both parties filed suits and obtained injunction - Primary duty of Court is to protect subject matter of lis with existing status quo as on date of suit - Court can impose terms - Court taking over possession as a custodia legis, entrusted..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Suit for specific performance - Material terms and conditions of contract not concluded and recorded between parties - No prima facie case in favour of plaintiff - Moreover, in this case Court may not be able to grant any prayer for specific performance as such no interim..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 357A-- Interim compensation to victim - Court after being satisfied the need of victim and gravity of offence on an application or on its own motion ought to grant interim compensation subject to final compensation being determined later - At the stage of final hearing it is obligatory on part of Court..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 302, 364A, 201, 120B, Criminal Procedure Code, 1973, Section 357A-- Murder - Compensation to victim family - High Court committed error by declining to give compensation without any reason to deceased family - Widow of deceased who is also mother of other deceased representing family of victim be paid interim compensation of Rs.10 lacs - State of Haryana is liable..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2), Land Acquisition Act, 1894, Section 4, 6-- Acquisition of land - More than five years have lapsed - Conduct of ADM/Land Acquisition collector - Plea sworn by Land Acquisition Collector in affidavit regarding taking over possession of acquired land is a false statement of fact as physical possession of land in fact is not taken and moreover..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Interim injunction - Directing defendants to remove lock unauthorisedly and illegally put on gate of plaintiff - Plaintiff constructed the house on the land purchased by him and installed iron gate over path leading to his house - Defendant on the other hand claimed that said gate is installed by..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 148A, Order 39, Rule 1, 2-- Caveat - Ex parte ad interim injunction order - Caveat lodged by defendants was overlooked while passing ex parte ad interim injunction order - Ex parte ad interim injunction order is liable to be set aside with direction to Trial Court that application filed by plaintiff for grant of interim..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Once it is found that there is no prima facie case established, further aspects of conduct of defendants, balance of convenience, etc. are immaterial and need not to be considered...........

Showing : 351-360 of 1425 Results