Protection of Women From Domestic Violence Act, 2005, Section 17, 18, 19, 20, 21, 22 -- Reliefs available under the Act - Magistrate can grant the reliefs viz. (i) to grant relief to protect the right to reside in the shared household (section 17), to pass protection orders (section 18) to prevent the commission of any act of domestic violence, pass residence orders..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Ad-interim injunction - Discretion of Court - A person who violates the order of status quo, cannot be granted any relief by exercising discretionary power of Court...........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Ad-interim injunction - Plaintiff expanded unauthorized construction on the suit property in violation of status quo order - Photographs produced by Municipal Corporation regarding unauthorized construction proved on record - Plaintiff is not entitled to equitable relief, as such relief can only be granted if party comes to..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - When neither party produced authentic reliable prima facie evidence before Magistrate on the question of income of husband then there was no alternative before Magistrate to assess the income excepting by guess from attending circumstances and to fix the amount of monetary relief..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Claim by wife and her child - Husband failed to produce prima facie evidence regarding his income - Evidence on record shows that husband had higher middle class status having petrol pump business - Monetary relief of Rs.10,000 p.m to wife and Rs.5,000 p.m to child rightly granted...........
Arbitration and Conciliation Act, 1996, Section 9 -- Interim relief - Interest - Respondent received payment from appellant by way of interim direction on furnishing a bank guarantee - Entitlement of respondent to said payment stood negated thereafter - Respondent is liable to pay back the amount with 12% interest from the date of withdrawal till the date of actual payment..........
Civil Procedure Code, 1908, Section 9A(2), 9A(1) -- Ad-interim relief - During consideration of preliminary issue - During pendency of notice of motion before High Court, ad-interim relief sought cannot be granted...........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 357A -- Rape - Compensation to pregnant rape victim - Rape victim aged 15 years recovered from the custody of accused but she is at the advance stage of pregnancy - Investigation of case is still in progress - Father of victim is a poor labourer and does not possess adequate resources for delivery..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Competent civil Court is not powerless to grant appropriate relief at the interim stage of civil proceedings even during pendency of decision as to preliminary issue of jurisdiction if raised by party to suit...........
Civil Procedure Code, 1908, Section 9A(As - - Scope - By reason of insertion of S.9-A CPC in Maharashtra, Court is now required to decide the issue of jurisdiction at the time of granting the relief or considering the application for vacating the interim relief...........
