Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Declining of injunction to plaintiff in the suit simpliciter-Cannot tantamount to lawful direction to vacate the premises in dispute-Interim order has to be within purview and scope of the suit itself i.e. as pleaded in the plaint and cannot be permitted to travel beyond such limitation-Cannot be said that necessary..........
Civil Procedure Code, 1908, Section 115, Order 19, Rule 1, 2, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Affidavit - Cross examination of deponent - In interim proceedings to be allowed in rarest of rare cases where it is unavoidable and for valid reasons - Trial Court permitting cross-examination of deponents in interim proceedings without valid reasons - Order..........
Consumer Protection Act, 1986, Section 13, 14(2) -- Haryana Consumer Protection Rules, 1988, Rule 4 - Procedure - Interim order signed by the President of Forum singly - Validity - Proceedings which are preliminary in nature are not required to be signed by all the members attending the proceedings...........
Civil Procedure Code, 1908, Section 151, 94, Order 39, Rule 1 -- Temporary injunction - Plaintiff obtained order of temporary injunction from being dispossessed by misrepresentation of facts - Plaintiff in garb of interim order dispossessing defendant by taking law in his own hand - Held, Court in exercise of its inherent powers can order restoration of possession to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad-interim injunction - All the three ingredients viz prima facie case, balance of convenience, and irreparable injury must co-exist for a relief of ad-interim injunction...........
Hindu Adoptions and Maintenance Act, 1956, Section 18, 20, Civil Procedure Code, 1908, Section 151 -- Interim maintenance - Can be granted under Section 151 CPC even in the absence of any provision in Hindu Adoptions and Maintenance Act for allowing such interim maintenance - Legal rigidity shall give way to legal necessity...........
Hindu Adoptions and Maintenance Act, 1956, Section 18, Civil Procedure Code, 1908, Section 151 -- Suit for recovery of past and future maintenance - Interim maintenance - Court can grant interim maintenance by invoking inherent powers...........
Hindu Adoptions and Maintenance Act, 1956, Section 18, Civil Procedure Code, 1908, Section 151, 115 -- Suit for maintenance - Court granted interim maintenance by invoking inherent powers - No failure of justice occasioned and no irreparable injury caused - Interference in revision is not warranted...........
Consumer Protection Act, 1986, Section 21(c) -- Telephone - Inflated bill - District Forum has directed the Department to refer to disputed bills to arbitrator for adjudication u/S.7B of the Indian Telegraph Act, 1985 and to initiate the proceedings within one month - Telephone connection has since been restored under the interim order of the District Forum - Connection..........
Consumer Protection Act, 1986, Section 21(c) -- Interim orders - Cannot be passed by Forums constituted under the Act. Cases referred: Morgan Stanley Mutual Fund vs. Kartick Das, 1994(2) (CPJ) 7..........
