Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim relief - Modification of - Defendant No.2 prima facie appears to be bonafide purchaser for valuable consideration - Held, to put a condition of payment of royalty by him would be a burden on him - Parties appear to be from middle class and it would not be in the interest of justice to put such a burden on defendant..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(2), Constitution of India, 1950, Article 226 -- Ad interim injunction order - Appeal thereagainst - Maintainability - Ad interim order of status quo passed u/s 151 - Held, order was passed u/s. 151, CPC, it cannot be inferred that such an order was not capable of being passed..........
Constitution of India, 1950, Article 226, Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908 -- Interim - Nature of - Final relief - Held, interim order should not be of such a nature that by virtue of which a petition or an application is finally allowed or granted even at an interim stage - Normally at an interlocutory stage no such relief..........
Criminal Procedure Code, 1973, Section 125(1) -- (As amended by Amendment Act 50 of 2001) - Hindu Marriage Act, 1955, S.24 - Interim maintenance u/s 24 the HM Act and S.125 Cr.P.C. - Nature of proceedings - Held, when once main proceedings are disposed of awarding of interim maintenance u/s 24 of HM Act will cease to have any effect except for recovery of any arrears of..........
Hindu Marriage Act, 1955, Section 13(1A)(ii), 23(1)(a), Hindu Adoptions and Maintenance Act, 1956, Section 17 -- Divorce - Petition for divorce filed by husband dismissed whereas petition for restitution of conjugal rights filed by wife decreed - Wife repeatedly made attempts to return to her matrimonial house pursuant to decree - Husband made no efforts to resume..........
Civil Procedure Code, 1908, Section 151, Provincial Insolvency Act, 1920, Section 4, 5, 21, 23, 31 -- Power of the insolvency Court to pass interim orders - Held, Civil Court while trying the civil suit has inherent power of granting interim orders u/s 151 of the Code of Civil Procedure - Simply because S.23 of the Act enables the Court to release the debtor who has been..........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 3-A -- Delay in filing appeal - Not accompanied by delay condonation application - Appeal admitted and interim order granted - Held, unless delay in filing appeal is condoned appeal not competent to be entertained - Impugned order set aside...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Divorced Muslim lady is entitled to claim maintenance from her husband as long as she does not remarry - Order as to grant of interim maintenance cannot be faulted with...........
Civil Procedure Code, 1908, Section 9A(As - - Preliminary issue - Jurisdiction of Court - Held, S.9-A requires the Court to decide an issue relating to jurisdiction of Court if raised by any of the parties to the suit or before hearing of an application for interim injunction...........
Punjab Co-operative Societies Act, 1961, Section 26(1)(b) -- Election of managing committee of co-operative society challenged - Election held but results were directed to be not declared by interim orders of this court - Held, term of office of managing committee in term of S.26(1)(b) of the Act is five years - This period of five years is to commence from the date of..........
