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Results of interim stay o

Showing : 31-40 of 90 Results

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - As a rule, Court should grant interim injunction or stay order only after hearing the defendant and in case Court has to grant ex parte injunction in exceptional cases, then while granting injunction it must record in the order, that if suit is eventually dismissed, plaintiff will have to pay full..........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Contempt of Courts Act, 1971, Section 2 -- Civil contempt - Non implementation of order - Order passed by High Court in the year 2001 - Appellant was posted in the Registry of High Court in the year 2005 - Non implementation of interim order of stay cannot be attributed to the appellant - Initiation of contempt proceedings against him not proper...........

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 - Order..........

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..........

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 for ensuring that there are..........

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...........

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, meeting was convened vide..........

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 - High Court stayed operation..........

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 existence on the date of issue of..........

Showing : 31-40 of 90 Results