Showing : 41-50 of 178 Results

BOMBAY HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2-- Interim injunction - Competent civil Court is not powerless to grant appropriate relief at the interim stage of civil proceedings even during pendency of decision as to preliminary issue of jurisdiction if raised by party to suit...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 9A(As- - Scope - By reason of insertion of S.9-A CPC in Maharashtra, Court is now required to decide the issue of jurisdiction at the time of granting the relief or considering the application for vacating the interim relief...........
KERALA HIGH COURT
Year of decision: 2015
Details
Protection of Women From Domestic Violence Act, 2005, Section 19-- Interim order - A relief which could be granted at the final stage after hearing parties and affording them an opportunity of being heard, cannot normally be granted as an interim measure...........
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..........
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..........
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filed a suit for injunction and an application for interim injunction which was dismissed on merits - Suit later on withdrawn with liberty to file afresh - Dismissal of application for injunction can have no bearing to a dismissal of suit on merits and that too..........
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,..........
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..........
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..........

Showing : 41-50 of 178 Results