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SUPREME COURT OF INDIA
Year of decision: 2019
Details
Constitution of India, 1950, Article 226-- Writ petition - Interim relief - Even assuming prima facie case in favour of writ petitioner there is no balance of convenience in its favour - In case stay is not granted, no loss or injury shall be caused to the writ petitioner and on the other hand if stay is granted, State will lose about..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Stay of proceedings-- Vacation of stay on expiry of six months unless extension is granted - Not applicable to interim orders granted by Supreme Court...........
ORISSA HIGH COURT
Year of decision: 2019
Details
Protection of Women From Domestic Violence Act, 2005, Section 23-- Interim maintenance to widowed daughter-in-law - Daughter-in-law along with her minor daughter continued to stay with her i, laws/petitioners even for some period after death of her husband - She was subjected to domestic violence at the hands of petitioners - House where petitioners are now..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2-- Ad interim injunction - Police assistance to implement order - Application dismissed and stay vacated by holding that at the time of grant of ad interim injunction plaintiff failed to apprise Court with regard to filing of caveat by defendant - Impugned order set aside - Matter remitted for..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Trade Marks Act, 1999, Section 137-- Infringement of trade mark - Passing off - Substitution of letter `T' for letter `O' is the only difference between two trade names - Plaintiff clearly a prior user would make it clear that first pre-requisite for action in passing off was made out - Division Bench granted interim injunction and..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 420, 467, 468, 471-- Cheating - Quashing of FIR and stay of arrest - There is no averment that police is not following law or is going to make any arbitrary and illegal arrest of petitioner - No case of gross miscarriage is pleaded or demonstrated - Moreover, manner in which petitioner prays that his arrest should be..........
DELHI HIGH COURT
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 23, 29, Criminal Procedure Code, 1973, Section 125, 399, 401-- Order granting interim maintenance u/s 23 of PWDV Act and S.125 Cr.P.C. - Appeal u/s 29 of PWDV Act and revision u/ss 399, 401 Cr.P.C respectively is maintainable against said order and will be heard without any pre-condition of deposit of arrears of maintenance - Pendency of such revision and..........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Suit for possession filed by landlord and judgment there in with respect to entitlement of landlord to seek possession will not in any manner operate as res judicata as against defendant/tenant either for seeking final relief in specific performance suit or including interim relief..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 47-- Execution - Decree for payment of amount - Adjustment of amount deposited by judgment-debtors - Amount is to be adjusted first towards costs, then towards interest and thereafter if anything is left, towards principal amount - In the instant case, Executing Court has deviated from the said..........
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..........

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