LawMirror.com

Results of interim relief

Andriod Application iphone Application

Showing : 111-120 of 288 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Specific Relief Act, 1963, Section 38, 39 -- Injunction - Appellate court would not reverse finding of trial court solely on ground that different view can be taken - it has to be seen that principles governing grant of interim injunction have been kept in mind keeping in view the irreparable loss and injury which could be caused...........

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 relief can be granted...........

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 him but no document..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Section 11 -- Res judicata - Plaintiff had earlier filed a suit for injunction and an application for interim injunction which was dismissed on merits - Suit later on withdrawn with liberty to file afresh - Dismissal of application for injunction can have no bearing to a dismissal of suit on merits and that too after withdrawal of earlier suit..........

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...........

DELHI HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Grant of injunction is an equitable relief - To get equitable relief a party must come to Court with clean hands and there has to be a complete disclosure of facts in the plaint - This duty is further enhanced when there is prayer for ex parte ad interim injunction...........

BOMBAY HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - A party cannot be allowed to take two different stands one while opposing the application for interim relief filed by plaintiff and another while making application for rejection of plaint - Once Court is satisfied that plaint prima facie shows cause of action Court is not required to make an elaborate..........

BOMBAY HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for specific performance - Restraining defendant from selling, transferring, alienating or creating third party rights in suit property - No concluded contract between parties - Exact area of subject matter of transaction in dispute - Plaintiff did not express readiness and willingness to..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Section 115 -- Eviction - Appeal - Interim relief - Petitioner/tenant is seeking stay of his dispossession during pendency of his appeal before Appellate Authority but without putting himself to the terms - Held, for grant of interim relief which is an equitable and discretionary relief a litigant can be put to terms - In instant case,..........

SUPREME COURT OF INDIA

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of appeal - Interim relief not to continue for a period beyond withdrawal of appeal - However, where the matter is heard on merits and after considering the facts of the case Court permits withdrawal of the case, Court can extend the interim relief or can grant interim relief for a limited period after recording..........

Showing : 111-120 of 288 Results