Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Application for - Expeditious disposal of - Petitioner sought direction that his application for grant of interim injunction may be disposed of expeditiously as defendant is threatening to take over possession of property in collusion with some property dealers - Notice has been served upon defendant..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307 -- Anticipatory bail - Attempt to murder - Petitioners summoned u/s 319 of Cr.P.C. by trial Court - Interim protection granted by High Court - Petitioners have already appeared before trial Court - No allegations on behalf of State that petitioners are likely to abscond or that they are likely..........
Protection of Women From Domestic Violence Act, 2005, Section 31, Criminal Procedure Code, 1973, Section 125 -- Breach of order of monetary relief - Prosecution of husband u/s 31 - Validity - Held, offence which is created by S.31 is specifically in regard to breach of protection order or an interim protection order - It does not include monetary relief - Provisions of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Arbitration and Conciliation Act, 1996, Section 9 -- Franchising agreement - Interim injunction - Refusal - Advertisement in area since December 2011 with regard to opening of new salons by Respondent - Petitioner was well aware of opening of salons in area, yet never moved and/or made any representation to Respondent as..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Magistrate can grant interim maintenance ex parte on basis of affidavit...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Income of husband Rs.28738/- per month - Grant of interim maintenance Rs.5,000/- per month - Petitioner has not denied the fact of marriage or income or fact of separate living - Held, order of interim maintenance passed after examining attending circumstances cannot be said to..........
Protection of Women From Domestic Violence Act, 2005, Section 23,31 -- Interim maintenance - Implementation - Order passed u/s 23 of the Act cannot be implemented under S.31 of the Act - Power is given u/s 28 of the Act for implementation of order of interim maintenance - Moreover Rule 6(5) of Rules framed u/s 37 of the Act also lays down the procedure - Held, in view of..........
Forest Act, 1927, Section 52(4), 52C, Criminal Procedure Code, 1973, Section 451, 457 -- Forest offence - Release of vehicle - Jurisdiction of Magistrate - Held, in view of bar created in S.52-C of the 1927 Act, vehicle cannot be released by Magistrate after getting intimation of seizure u/s 52 of the 1927 Act - It is authorized officer who is vested with power to pass..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Grant of - Factors to be taken into consideration - Held, no court can make an order granting temporary injunction in favour of plaintiff without recording clear finding on three aspects viz. - (i) existence of strong prima facie case in favour of plaintiff; (ii) balance of convenience in favour of..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory Bail - Offence based on documents which were in custody of bank - Allegation against petitioner was only of connivance and not of forgery or fabrication of any document - Custodial interrogation not required - Interim bail granted made absolute...........
