Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Single Judge exercised discretion which was not arbitrary, capricious or perverse - Cannot be interfered with by the Division Bench...........
Criminal Procedure Code, 1973, Section 457 -- Interim release of vehicle - Magistrate dismissed application that as per report of IO name of 1st owner, place of purchase, invoice No. in respect of vehicle were yet to be ascertained - Revision thereagainst - Clerical error in mentioning vehicle as "Maruti 800" instead of "Maruti Van" and same has been corrected by RTO by..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Punjab Village Common Lands (Regulation) Act, 1961, Section 5A, 5B -- Suit for ad interim injunction - Gift of land vested in Panchayat - Suit land was gifted by Gram Panchayat to plaintiff Trust vide a Resolution u/R.13(1) - Said Rule was later held as ultra vires by Apex Court on the ground of being violative of Ss.5A and..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - When can be granted - Held, it is only when an application U.O.39.Rr.1 and 2 CPC is filed by a plaintiff at the initial stage of suit that trial Court is required to pass orders awaiting service of notice - Even in such cases, Court has to record reasons for granting any ad interim relief -..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Trial court after assessing income of husband at Rs.30, 000/- granted interim maintenance to the tune of Rs.10, 000/- to wife - Husband contended that he is employed in a company and is getting salary of Rs.6, 500/- per month - Contention held not believable - At the time of marriage, parents of wife had..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - No final relief can be granted at the stage of deciding application for temporary injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Police help to enforce the order - Both the parties claiming their possession - Both the parties filed suits and in both the suits ad interim injunction restraining interference in possession granted - Appeal against ad interim injunction order pending in both the suits - Factum of possession still..........
Consumer Protection Act, 1986, Section 13(3 -- B) - Maharashtra Ownership of Flat Act, 1963, Section 9 - Maharashtra Ownership of Flat Rules, 1964, Rule 9 Housing - Building - Completion certificate - Conveyance deed - Execution of - Sanction plan - Revision of - Construction activities - Restraint order - Interim order - Vacation of - Revision - District Forum has only..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit as framed and filed does not have all the necessary parties - Held, no interim relief can be granted in favour of the plaintiffs in such a suit...........
Arbitration and Conciliation Act, 1996, Section 9, 2(1)(3), 42, Civil Procedure Code, 1908, Section 20 -- Interim Relief - Territorial jurisdiction - Parties by way of agreement decided that place of arbitration would be State of Orissa - However application u/s.9 of Arbitration Act, filed in Court at Hyderabad - Held only courts in State of Orissa would be vested with..........
