Criminal Procedure Code, 1973, Section 102, 482 -- Defreezing of bank account - Petitioner organization was actually running 103 educational institutions and more than a dozen primary health centers - Order of attachment was stayed as regards salary and institutional expenses by interim order - Petitioners were directed to maintain proper and complete statements of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Successive claims - Maintenance @ Rs.10,000 already granted to wife u/s 24 of Hindu Marriage Act - Keeping in view of spiralling inflation rates and high cost of living corresponding to reasonable needs of wife and in view of successive claims, maintenance amount of Rs.10,000 as awarded u/s 24 of..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Only statutory deductions as well as income tax can be taken into consideration while determining the net salary of husband - Payments made on other heads cannot be deducted from his gross salary...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Husband admitted that wife and his son is living separately at her parental home for the last two years and maintenance and educational expenses of son is born by her parents - Gross salary of husband is Rs.97,227 p.m - However, trial Court after taking into account the various..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Out of three principles, prima facie case is sine quo non for granting interim injunction and another one principle is sufficient - Not all three are required to grant the relief of injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff claims to be absolute owner of suit property having acquired the same under registered gift deed from her husband - However, there is no reference to source of title of husband of plaintiff as per said gift deed - Even, there is no other document filed to show that husband of plaintiff or..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - Against publication of an article - Ex parte ad interim injunction should not be granted without establishing that the content sought to be restricted is `malicious' or `palpably false' - Injunction against publication of material should be granted only after a full-fledged trial is..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - Suit for defamation - Three-fold test of establishing (i) a prima facie case, (ii) balance of convenience and (iii) irreparable loss or harm, for the grant of interim relief is equally applicable to the grant of interim injunctions in defamation suits - However, this three-fold test must..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - Against publication of an article - Merely recording that a prima facie case exists, that the balance of convenience is in favour of the grant of injunction and that an irreparable injury would be caused, would not amount to an application of mind to the facts of the case - The three-fold..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Ad interim injunction - Appeal - Order declining ad interim injunction passed after hearing parties - Appeal against such an order is maintainable U.O.43.R.1(r) CPC...........
