Showing : 31-40 of 87 Results

DELHI HIGH COURT
Year of decision: 2010
Details
Prevention of Women from Domestic Violence Act, 2005, Section 22-- Interim order allowing stay/reside in house and awarding maintenance of Rs.10, 000/- per month - Order upheld in appeal but maintenance reduced to Rs.6, 000/- p.m. - Husband expired - Order did not specify as to which of the respondent out of the five would be liable to make the payment and why -..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Constitution of India, 1950, Article 226, 136, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 14, 17-- Writ jurisdiction - Recovery of debt by bank - High Court should not pass interim stay order - It should insist the petitioner first to exhaust effective alternative remedy which was available to the petitioner under Section 17 of SARFAESI Act...........
ORISSA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 10-- Stay of suit u/s 10 of the Act - Jurisdiction of Court to decide ad interim injunction application - Trial Court should not proceed with interim application if interim prayer touches the merit of suit or issues raised in the suit in any manner...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Constitution of India, 1950, Article 226, 136-- Writ jurisdiction of High Court - Ordinarily Supreme Court does not interfere with the discretion exercised by the High Court - However, where entertaining writ petition and passing of the interim stay order has the effect of defeating the very object of the legislation enacted by the Parliament..........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 482-- Interim stay order - Staying further criminal proceedings - Granted for limited period - Not specifically extended on future dates - Held, interim stay order once granted by court for a limited period will continue to be effective even in future though not specifically extended on future dates...........
DELHI HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 39, Rule 2-A-- Interim injunction - Violation - Ad interim injunction granted directed defendant No.1 shall not convene any meeting of the Trust to discuss the agenda - However meeting was convened - Application filed U.O.39.R.2-A CPC against Secretary for violation of stay order - Application disallowed - Held,..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Constitution of India, 1950, Article 226, 134-- Writ petition - Investigation sought in deaths in fake police encounter - Team of higher police officers constituted for the purpose of carrying out the investigations - Meanwhile Magistrate made inquiry u/s 176 Cr.P.C. and submitted report stating that the deaths were in fake police encounter -..........
KARNATAKA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 151-- Possession delivered in pursuance of a decree for specific performance and execution of sale deed - J.D. filed injunction suit and obtained interim order to maintain status quo in respect of suit property - Stay order granted and extended from time to time - However, order of status quo was not in..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Central Civil Service (CCA) Rules, 1985, Section 19(4)-- Suspension pending enquiry - Extension of suspension - Suspension extended by conducting review after 90 days - Review could not be done earlier as application of employee before Tribunal was pending - Not tenable in absence of interim stay by Tribunal - Provision of S.19(4) of the Act speaks only..........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Protection of Women From Domestic Violence Act, 2005, Section 12-- Petition by wife against husband and relatives of husband - By way of interim relief, husband directed to allow residence to the wife with him in the house - Mother-in-law challenged the order that the house in which husband was living, is owned by her - Held, house in the name of mother-in-law..........

Showing : 31-40 of 87 Results