Agreement to sell -- Specific performance - Subsequent purchaser - Bona fide purchaser - Suit property sold to defendant no.3 during pendency of suit - Interim injunction granted against defendant/seller restraining alienation of property - Sale in favour of third defendant was thus, in breach of order of injunction - Defendant no.3 held, not a bona fide purchaser -..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Once act of domestic violence is committed, subsequent decree of divorce does not absolve husband from the offence committed or to deny the benefit to which the aggrieved person is entitled under the Act including monetary relief u/s 20, Child Custody u/s 21, Compensation u/s 22 and..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 14(1)(c)(e) -- Interim injunction - Private contract of personal service - Courts do not grant injunctions to direct continuation of a contract which by its terms is determinable vide Ss.14(1)(c), 41(e) of Specific Relief Act...........
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..........
Industrial Disputes Act, 1947, Section 25F -- Daily wager - Termination - Labour Court declared termination illegal - Case was admitted with interim stay to continue, issued on 18.09.1997, which order are in operation till present - Stay has operated for last 21 years - No useful purpose would be served in lifting stay on award for reinstatement is concerned and instead it..........
Protection of Children from Sexual Offences Act, 2012, Section 7, 8, 33(8), Protection of Children from Sexual Offences Rules, 2012, Rule 7, Criminal Procedure Code, 1973, Section 357A -- Sexual assault - Directive issued that Special Court upon receipt of information as to commission of any offence under Act by registration of FIR shall on his own or on application of..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - While deciding application seeking interim relief Magistrate is not bound to hear the opposite party...........
Protection of Women From Domestic Violence Act, 2005, Section 26(2) -- Scope - Any relief available u/ss 18 to 22 of the Act, is in addition to and along with any other relief that an aggrieved person may be entitled to in any other proceedings initiated under other applicable law, in view of S.26(2) of the Act - Though S.23 of the Act does not make any reference to order..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Scope - Power of appellate Court - While reversing findings U.O.39.Rr.1, 2 CPC, appellate Court has limited jurisdiction and should not go beyond prayer made in temporary injunction and grant final relief at interim stage...........
Air (Prevention and Control of Pollution) Act, 1981, Section 17, 31A, Environment (Protection) Act, 1986, Section 3, Constitution of India, 1950, Article 48A, 51A -- Environment Protection - Interim relief - Air and noise pollution - Use of fireworks in National Capital Region (NCR) is causing immense harm to lives and health of citizens - Moreover, it is duty of State and..........
