Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining alienation of property - No documents filed by plaintiff for showing any of the items are the properties acquired in the name of plaintiff and nothing even showing any property a joint family property - Order granting injunction set aside - However, any alienation by defendant in favour..........
Protection of Women From Domestic Violence Act, 2005, Section 26, Criminal Procedure Code, 1973, Section 362 -- Ad-interim maintenance - Correction of judgment - Magistrate granted Rs.10,000 (in total) as ad-interim maintenance to applicants, while recording a finding that applicants not earning any income, sufficient to maintain themselves - Sum assessed by Magistrate (in..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Directions issued for expeditious hearing and disposal of application for maintenance pendente lite : (i) Format of affidavit and documents required to be filed alongwith the affidavit elaborated; (ii) Affidavit of assets, income and expenditure be treated as guidelines to determine the true income of the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Contract Act, 1872, Section 23, 28, Copyright Act, 1957, Section 62, Trade Marks Act, 1999, Section 134 -- Ad-interim injunction - Infringement of copyright - Territorial jurisdiction - In the instant case, Cl.29 of agreement is clear and unambiguous and parties by said clause have bound themselves that in any matter arising..........
Criminal Procedure Code, 1973, Section 147 -- Proceedings u/s 147 Cr.P.C. - Subsequent thereto civil suit filed - Order of status quo passed by Civil Court - SDM passed order of removal of obstruction after passing of status quo order by Civil Court - Civil Court has ample jurisdiction to issue ad interim mandatory injunction for removal of unauthorized..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Three basic ingredients for granting ad interim injunction, namely, i) a prima facie case, ii) balance of convenience and iii) causing of irreparable loss in case of denial of ad interim injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Once petitioner himself was signatory to mutual settlement, he could not be permitted to turn around and say that said document cannot be read into evidence for purpose of granting ad interim injunction in their favour - Correctness of said agreement and also denial thereof by petitioner would be..........
Indian Penal Code, 1860, Section 420, 406, Tamil Nadu Protection of Interests of Depositors (In Financial Establishments) Act, 1997, Section 3, 5, Criminal Procedure Code, 1973, Section 482 -- Cheating by financial institution - Default in return of deposit - Quashing of order of attachment of immovable properties of partner of financial institution - Application for - As..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Finding recorded while considering grant of injunction is always considered prima facie in nature and is confined to disposal of such interlocutory proceedings - Such finding do not influence the decision which is eventually rendered in suit on merits as the same is rendered on the basis of evidence..........
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..........
