Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - When trial Court having heard the matter deems it appropriate to hear opposite party before considering grant of an interim injunction, brief reasons should be recorded for denying ex parte relief at that stage...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff not in possession as on date of institution of suit - Plaintiff not entitled to relief of interim injunction...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 353, 332, 333, 143, 147, 149, 186, 188, 269, 270, 504, 506 -- Anticipatory bail - Offence u/ss 353, 332, 333, 143, 147, 149, 186, 188, 269, 270, 504, 506 IPC - Applicant is 65 years old - Prima facie there is no material to show that applicant had quarreled with police or had pelted stone at..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - Equitable relief cannot be refused on the ground of delay as cause of action arose on 24.07.2019 and suit filed on 14.08.2019 - Manner in which prayer for ex parte ad interim order injunction is refused not approved - Impugned order set aside - Trial Court directed to prepone next date, if..........
Negotiable Instruments Act, 1881, Section 138, 143A, 148 -- Dishonour of cheque - Interim compensation - Extension of time to pay - In facts of each case, period of depositing the amount can always be extended as the purpose in making amendment is essentially to grant relief to the aggrieved party by immediate compensation of payment of 20% of the total value of cheque -..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - While granting anticipatory bail Court has to keep in mind the following factors : viz. (a) When a person complains of apprehension of arrest and approaches for order, application should be based on concrete facts (and not vague or general allegations) relatable to one or other specific offence; (b) It is..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-owners - Restraining altering physical features of suit property - Preventing other co-owners from altering nature of property is always in the nature of interim relief - There cannot be any permanent injunction for ever to keep other co-owners from enjoying suit property - Permanent injunction cannot be..........
Protection of Women From Domestic Violence Act, 2005, Section 20, 21, 22, 23 -- Divorced wife - If an act of domestic violence is committed by husband, subsequent decree of divorce will not absolve liability of husband from offence committed or to deny benefit to which aggrieved person is entitled under the Act including monetary relief u/s 20 of the Act, child custody u/s..........
Constitution of India, 1950, Article 226 -- Writ petition - Interim relief - Court must consider three aspects: (i) balance of convenience; (ii) Irreparable harm or injury; (iii) that there is a prima facie case...........
Constitution of India, 1950, Article 226 -- Writ petition - Interim relief - Even assuming prima facie case in favour of writ petitioner there is no balance of convenience in its favour - In case stay is not granted, no loss or injury shall be caused to the writ petitioner and on the other hand if stay is granted, State will lose about Rs.20 lakhs daily - There is no way..........
