Protection of Women From Domestic Violence Act, 2005, Section 3, 7, 19 -- Maintenance - Petition by grand daughter against her grand father - She claims to have lived and is living in the shared accommodation with the applicant - She alleges that after her father's death applicant neither provided any financial support and on the contrary inflicted physical/mental torture..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - At the stage of passing temporary injunction order, Court is obliged to form it's opinion on availability of prima facie case in favour of plaintiff and further record it's satisfaction regarding two other necessary ingredients viz. balance of convenience and irreparable injury...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Prima facie case - Means there is serious question to be tried in suit to dispel cloud of doubt relating to plaintiff's entitlement...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - In a suit for partition, redemption of mortgage and specific performance of contract, Courts adopt a pragmatic approach to preserve and protect status/nature of immovable property to avoid multiplicity of proceedings and other complications...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for preemption - Court of first instance is expected to examine prima facie case with a practical and pragmatic approach sans purely pedantic and idealistic view of the matter - A litigant, who has approached Court asserting his right of preemption, is required to plead and prove for grant of..........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Ex parte ad interim injunction - Vacation of - Plaintiff nowhere shown to be in possession of any portion of suit property much less exclusive possession of property - No doubt, plaintiff relies on a conveyance deed and mutation of property, however, it is not apparent how he could have claimed that conveyance in respect of..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection - Injunction order - Civil Court observed that eviction of tenant shall remain stayed except pursuant to the order of competent Court - Held, injunction order not a hindrance in the execution of decree...........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Directing daughter-in-law to vacate the house - House in the ownership of plaintiff - Daughter-in-law residing in the house with her husband - Not a case of daughter-in-law that her husband, even if residing in the house has any right to the house - House does not qualify as matrimonial home of daughter-in-law..........
Family Courts Act, 1984, Section 19(1) -- Appeal - Maintainability - An order of family Court either allowing or dismissing an application for temporary injunction, is an interlocutory order - No appeal therefore, lie against such order in view of provision contained in S.19(1) of the Act...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Proceedings in an application for temporary injunction cannot be considered as independent proceedings, separate and distinct from proceedings in suit...........
