Showing : 11-20 of 87 Results

BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Restraining defendants from causing obstruction and interference in the enjoyment of property under contract - Subject contract already terminated and yet without seeking any interim stay upon effect and operation of order of cancellation of contract or any restoration of..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Protection of Women From Domestic Violence Act, 2005, Section 12-- Interim maintenance - Husband an able bodied young man capable of earning sufficient money, cannot deny his legal obligation of maintaining his wife - However, husband contended that he is ready and willing to support wife and children, thus question of maintenance does not arise - Contention..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 100, Order 41, Rule 5(3)-- Second appeal - Stay of execution of decree - Formulation of substantial question of law is an imperative to proceed with the appeal - Court cannot proceed unless condition precedent is satisfied - Solely because Court has jurisdiction to pass an ex parte order, it does not empower it not to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Protection of Women From Domestic Violence Act, 2005, Section 12, 19, 23, Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 21, 22-- Residence order - Interim order to stay in the suit property passed in favour of wife - Eviction order passed under Act of 2007 - A parent who invokes the provisions of Act of 2007 cannot create a situation that makes irrelevant the right of a female for securing a protection which is guaranteed..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 494-- Second marriage - After passing of ex parte divorce decree - Appeal against ex parte decree filed thereafter - No interim order of stay of divorce decree passed in appeal - Legally first wife was not in existence due to dissolution of her marriage - Held, no offence u/s 494 IPC is committed when..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Hindu Minority and Guardianship Act, 1956, Section 6, Guardians and Wards Act, 1890, Section 7, 17-- Custody of children - Children British citizens by birth brought in India by their mother - Mother initiated matrimonial proceedings in India but making no efforts to obtain interim order for custody of children - Father on the other hand obtained interim order of custody of children from foreign..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Consumer Protection Act, 1986, Section 19(1), 17(1)(a)- - Appeal against order of State Commission - National Commission admitted appeal and granted interim stay subject to payment of 50% of award given by State Commission - Validity - Held, a pre-deposit condition to deposit 50% of amount in terms of order of State Commission or Rs.35,000/-, whichever..........
MADRAS HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, 2A-- Interim injunction - Disobedience - Prima facie no case is made out against defendants to the subjective satisfaction of Court that defendants deliberately and willfully mentioned the alleged MoU in the petition to vacate interim stay and thereby violating the order of interim injunction granted..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 4-- Ex parte ad interim injunction - Vacation of - Infringement of trade mark - Plaintiff has been prima facie guilty of suppression and concealment of material facts - Even on merits, plaintiff does not have a prima facie case - Both plaintiff as well as defendants are operating in their own spheres..........
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..........

Showing : 11-20 of 87 Results