Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree set aside after condoning delay of 3690 days - Suit for declaration that marriage between parties is null and void and petitioner was not the father of child/respondent No.2 - Guardian ad litem not appointed by Court - Mother represented minor and has appeared, contested and filed objection on her behalf and..........
Civil Procedure Code, 1908, Order 41, Rule 5, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay of injunction order - Ad interim injunction order was passed against subsequent purchaser/applicant, as defendant/vendor sold the agreed property to him - It is evident that applicant would be parting with right, title and possession of a part of suit property by creating..........
Civil Procedure Code, 1908, Order 39, Rule 3, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Ad interim injunction - Order to issue notice to the opposite party - Order is not appealable...........
Civil Procedure Code, 1908, Order 39, Rule 3 -- Ad interim injunction - Order to issue notice to the opposite party - Mandate of O.39.R.3 is issuance of notice unless Court records reasons for coming to the conclusion that object of ranting injunction would be defeated - No illegality committed in order to issue notice to the opposite party - Order impugned not..........
Court Fees Act, 1870, Section 7(iv)(c) -- Court fees - Suit for declaration that sale deeds are null and void and permanent injunction - Once plaintiffs were not party to sale deeds and defendant has not disposed of properties as Karta of Joint Hindu Family then certainly rigors of S.7(iv)(c) of the Act is not attracted and plaintiffs cannot be fastened with liability of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3 -- Ad interim injunction - Notice - Issuance of notice is a rule and grant of an ex parte injunction order an exception - Wherever Court chooses to follow exception, it has to necessarily comply with the mandatory requirement of recording reasons for its option that object of granting injunction would be defeated by delay...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Cannot be passed against unknown persons - O.39 CPC confers powers to the Courts to issue injunctions only against `the defendants' and not against `a defendant'...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - Where ex parte ad interim injunction is granted, opposite party against whom an order of injunction is passed is required to be served with the copy of order along with other relevant documents on same day or next day and plaintiff has to file such an affidavit of compliance in the Court...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Infringement of Trademark - Injunction cannot be passed against unknown defendants/infringers - However, this does not mean that plaintiffs are remediless against unknown infringers in case of mass infringement of trademark - Remedy is available in Trademark Act itself by way of criminal complaint..........
Constitution of India, 1950, Article 226 -- Habeas Corpus - Habeas Corpus is Latin "you have the body" - Writ is referred to in full in legal texts as habeas corpus ad subjiciendum or more rarely ad subjiciendum et recipiendum - It is sometimes described as "great writ" - It is considered as most expeditious remedy available under law...........
