Protection of Women From Domestic Violence Act, 2005, Section 23 -- Domestic Violence - Interim ex parte order - Magistrate has power to pass interim ex parte orders as he deems just and proper on the basis of affidavits of the aggrieved person in such forms as may be prescribed u/ss 18, 19, 20, 21 and 22 of the Act...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Magistrate can grant interim maintenance ex parte on basis of affidavit...........
Civil Procedure Code, 1908, Section 94, 135, Order 39, Rule 1, 2, 3A -- and Trade Marks Act, 1999, - Temporary injunction - Registered trade mark - Infringement - Trial court is empowered to consider prayer for grant of an ex parte order of temporary injunction - However, it would be in its realm or domain to examine facts of each case either to grant or refuse an order..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - While granting ad interim ex-parte injunction or stay order Court must record undertaking from the plaintiff that he will have to pay mesne profits at the market rate and costs in the event of dismissal of interim application and the suit...........
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..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Exparte ad interim injunction - Court should be cautious and extremely careful while granting ex parte ad interim injunction - Better course is to give a short notice and in some cases even dasti notice, hear both the parties and then pass suitable biparte orders...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - If injunction is granted on the basis of false pleadings or forged documents, then Court must impose costs, grant realistic or actual mesne profits and/or order prosecution - This must be done to discourage the dishonest and unscrupulous litigant from abusing the judicial system - Court has..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - When can be granted - Held, it is only when an application U.O.39.Rr.1 and 2 CPC is filed by a plaintiff at the initial stage of suit that trial Court is required to pass orders awaiting service of notice - Even in such cases, Court has to record reasons for granting any ad interim relief -..........
Civil Procedure Code, 1908, Section 16, 20, Constitution of India, 1950, Article 226, 227 -- Writ petition about property filed in Allahabad High court though property was located within territorial jurisdiction of Lucknow Bench of Allahabad High Court - Single Judge of Allahabad High Court entertained writ against a private body - Two interim ex-parte orders passed..........
Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Section , Order 39, Rule 1,2, Specific Relief Act, 1963, Section 38 -- Ex parte report of local commissioner - Evidentiary value - Suit for permanent injunction - Commissioner appointed to conduct spot inspection at the behest of plaintiff, without notice to defendants - Advocate commissioner who..........
