Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60(3) -- Release of vehicle - Vehicle seized for allegedly carrying contraband - Denial of relief on ground that after conviction of petitioner, vehicle is liable to be confiscated - Held, solely for the reason that vehicle is likely to be confiscated after trial,..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Suit for possession filed by landlord and judgment there in with respect to entitlement of landlord to seek possession will not in any manner operate as res judicata as against defendant/tenant either for seeking final relief in specific performance suit or including interim relief of stay of dispossession in said..........
Arbitration and Conciliation Act, 1996, Section 9 -- Interim relief - Liquidated damages - Delay in completing project - Matter to be adjudicated by arbitrator and not by Court - At this stage only prima facie view is to be taken and equity is to be balanced between parties - Interim order passed directing respondent to make all payment due to petitioner without deducting..........
Constitution of India, 1950, Article 16(4), 16(4A), 16(4B), 145(3), 341, 342 -- Reservation for SC/ST - Further question were raised about application of principle of creamy layer in situations of competing claims with same races, communities, groups or parts thereof of SC/ST notified by President u/Art.341 and 342 of Constitution of India - Reference to Constitution Bench..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Act of domestic violence once committed, subsequent decree of divorce will not absolve liability of husband from the offence committed or to deny the benefit to which aggrieved person/wife is entitled under the Act, including monetary relief u/s 20, child custody u/s 21, compensation..........
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..........
Employees State Insurance Act, 1948, Section 2(22) -- Wages - Means all remuneration paid or payable in cash to an employee - But payments made on certain contingencies u/s 2(22) (a) to (d) of the Act do not fall within the definition of "wages" - In the instant case, interim relief paid by respondent do not fall within the excluded part of u/s 2(22) (a) to (d) of the Act..........
Abuse of process of Court -- 2013 (2) SCC 398 referred wherein held : Principles - (a) A person coming to Court with `unclean hands' is neither entitled to be heard on merits nor entitled to any relief; (b) A person approaching Court for ex parte relief should state the whole case fully and fairly and where litigant has broken such faith, discretion of Court cannot be..........
Service -- Interim relief under Narayana Kurup Wage Board as affirmed by Majithia Wage Board - Eligibility - 11 employees of appellant were declared ineligible for the interim relief - Objections of appellant in that regard not considered by High Court on the ground that same had not been taken/raised at the relevant point of time - High Court was not justified in refusing..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Relief of mandatory injunction sought on the ground that defendant started raising construction during pendency of suit and in violation of interim orders - Issue regarding entitlement of plaintiff to the decree for mandatory injunction already framed - Moreover, plaintiff can initiate..........
