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...........
Protection of Women From Domestic Violence Act, 2005, Section 19 -- Interim order - A relief which could be granted at the final stage after hearing parties and affording them an opportunity of being heard, cannot normally be granted as an interim measure...........
Arbitration and Conciliation Act, 1996, Section 9 -- Interim relief - Bank guarantee - Correspondence placed on record reveals that each party is blaming other for slow progress of work - It also reveals that substantial part of project remains incomplete - It is not possible at this stage to conclude that delays are only due to one or other party - This would require..........
Specific Relief Act, 1963, Section 38, 39 -- Injunction - Appellate court would not reverse finding of trial court solely on ground that different view can be taken - it has to be seen that principles governing grant of interim injunction have been kept in mind keeping in view the irreparable loss and injury which could be caused...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for specific performance - Material terms and conditions of contract not concluded and recorded between parties - No prima facie case in favour of plaintiff - Moreover, in this case Court may not be able to grant any prayer for specific performance as such no interim relief can be granted...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Directing defendants to remove lock unauthorisedly and illegally put on gate of plaintiff - Plaintiff constructed the house on the land purchased by him and installed iron gate over path leading to his house - Defendant on the other hand claimed that said gate is installed by him but no document..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Plaintiff had earlier filed a suit for injunction and an application for interim injunction which was dismissed on merits - Suit later on withdrawn with liberty to file afresh - Dismissal of application for injunction can have no bearing to a dismissal of suit on merits and that too after withdrawal of earlier suit..........
Hindu Marriage Act, 1955, Section 13(1) -- Divorce - Adultery - Husband took the plea of adulterous life of wife in a petition filed by wife u/s 125 Cr.P.C. - Court came to the conclusion that wife had willfully deserted her husband as such she had no right to claim maintenance - Relief of interim maintenance was also declined - Held, divorce rightly granted...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Grant of injunction is an equitable relief - To get equitable relief a party must come to Court with clean hands and there has to be a complete disclosure of facts in the plaint - This duty is further enhanced when there is prayer for ex parte ad interim injunction...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - A party cannot be allowed to take two different stands one while opposing the application for interim relief filed by plaintiff and another while making application for rejection of plaint - Once Court is satisfied that plaint prima facie shows cause of action Court is not required to make an elaborate..........
