Practice and procedure -- Final relief cannot be granted by way of passing an interim order...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Application u/s 23 of the Act - Grant of final relief by way of passing an interim order to vacate property in question - Main petition would be decided by lower Court after conducting enquiry and after considering evidence and documents of both sides and after affording opportunity of hearing..........
Auction sale -- Recovery proceedings - Non-grant of interim relief pending appeal before DRAT - Main appeal is yet to be considered by DRAT on merits - High Court has not properly appreciated the fact that what was challenged before it was regarding non-grant of any interim relief pending appeal before DRAT - High Court has decided and disposed of writ petition as if High..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Court cannot grant interim relief which is in the nature of final relief...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Suit for possession filed by landlord and judgment there in with respect to entitlement of landlord to seek possession will not in any manner operate as res judicata as against defendant/tenant either for seeking final relief in specific performance suit or including interim relief of stay of dispossession in said..........
Abuse of process of Court -- 2013 (2) SCC 398 referred wherein held : Principles - (a) A person coming to Court with `unclean hands' is neither entitled to be heard on merits nor entitled to any relief; (b) A person approaching Court for ex parte relief should state the whole case fully and fairly and where litigant has broken such faith, discretion of Court cannot be..........
Protection of Children from Sexual Offences Act, 2012, Section 7, 8, 33(8), Protection of Children from Sexual Offences Rules, 2012, Rule 7, Criminal Procedure Code, 1973, Section 357A -- Sexual assault - Directive issued that Special Court upon receipt of information as to commission of any offence under Act by registration of FIR shall on his own or on application of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Scope - Power of appellate Court - While reversing findings U.O.39.Rr.1, 2 CPC, appellate Court has limited jurisdiction and should not go beyond prayer made in temporary injunction and grant final relief at interim stage...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim relief - Magistrate cannot abandon the task of forming an opinion about grant of interim relief merely on the ground that evidence adduced on behalf of parties is required to be gone into in detail for passing a final order...........
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...........
