Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-sharers - Co-sharer cannot be restrained from raising construction over joint land unless it is shown that such an act would constitute prejudice and mere raising of construction does not amount to any prejudice - Application rightly rejected...........
Criminal Procedure Code, 1973, Section 125, 483 -- Application u/s 125 Cr.P.C - Interim maintenance - Pendency of application since 18.04.2023 - Direction be issued to Family Court for expeditious disposal of application for interim maintenance...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Interim bail - Contraband - Accused wants to solemnize his marriage and for this purpose he sought interim bail - He is stated to have undergone an actual sentence of 4 years - Interim bail for 4 days granted to accused...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife and daughter - Husband is Government employee serving in Fire Service Department and drawing Rs.40,000 pm as salary - He was not paying any maintenance to wife - Husband inspite of receiving notice did not take part in hearing - However, main case is still pending for adjudication - Interim..........
Custody of child -- Claimed by mother - Writ of habeas corpus - Mother was forcibly ousted from her matrimonial home and child was less than 2 years at that time - Father of child is living abroad - Child was stated to be with her grand mother an elderly lady - In case of female child of 2-1/2 years, her biological mother would be legally entitled to her custody as per..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife and minor daughter - If husband deserted wife irrespective of his financial status, he is bound to maintain his wife and minor children - Husband under the garb that he has lost his employment, cannot shy away from his responsibility of maintaining wife and minor daughter - Maintenance @ Rs.7000 pm..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife and minor daughter - If husband deserted wife irrespective of his financial status, he is bound to maintain his wife and minor children - Husband under the garb that he has lost his employment, cannot shy away from his responsibility of maintaining wife and minor daughter - Maintenance @ Rs.7000 pm..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Grant of interim maintenance - Appeal - Impugned order passed by Additional Sessions Judge in an appeal was only granting interim monetary relief of Rs.5000 p.m towards rent for alternate accommodation to complainant - No such order has been passed which is criminal in nature - Filing of appeal u/s 482..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Interim order of deposit of rent - Trial Court without deciding an application for temporary injunction passed order directing vendee to deposit the rent - It was not appropriate to pass such an order directing vendee to deposit rent after collecting it from tenants particularly when sale deed has..........
Criminal Procedure Code, 1973, Section 125, 127, 362 -- Order passed u/s 125 Cr.P.C. - Order may be final or interim, can be recalled or altered u/s 127 Cr.P.C. - It falls in the category of exceptional cases - Bar of S.362 Cr.P.C. is not applicable to such cases...........
