Guardians and Wards Act, 1890, Section 12, 19 -- Visitation rights - Appeal thereagainst - Visitation rights granted which is clearly of an interlocutory nature - Appeal against such an order is not maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 99, 101 -- Order U.O.21.R.99 CPC is final order not an interlocutory order, as question of right, title or interest in property is considered by virtue of O.21.R.101 CPC - Appeal and not petition u/art 227 of Constitution is maintainable...........
Civil Procedure Code, 1908, Section 96 -- Appeal against preliminary decree passed in partition suit - Stay of appeal till disposal of probate proceedings - No material on record to suggest that final decree is prepared as yet - Only preliminary decree is challenged under appeal - There is thus, no justification for staying further proceedings of appeal indefinitely -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 2A -- Interim mandatory injunction and police aid - Sought during pendency of appeal - Civil Court is not powerless to grant interim mandatory injunction - However, it does not mean that same could be granted even without an opportunity to the other side, especially when main appeal is pending for the past six years -..........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Not filed within time - Objection U.O.8.R.10 CPC - Order of Court below accepting written statement is in the nature of interlocutory order and order rejecting application U.O.8.R.10 CPC is only consequential, therefore no appeal is maintainable against such order...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Order passed U.O.9.R.13 CPC - Writ petition u/art 227 of Constitution - Maintainability - Order passed U.O.9.R.13 CPC is not an interlocutory order and same was not passed by Court below with consent of parties - Writ petition u/art 227 of Constitution is not maintainable against said order, as remedy of appeal u/s 19(1) of..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 24(5) -- Rent and eviction - Exercise of revisional jurisdiction - Appeal is maintainable against an order which otherwise decides fate of parties and are not otherwise excluded under the Act, all other interlocutory orders are amenable to revisional jurisdiction of High Court...........
Civil Procedure Code, 1908, Order 43, Rule 1(r), Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Appeal - Interim order, restraining defendant from interfering or doing any illegal activities in relation to suit property granted during pendency of application for temporary injunction without recording reasons - Order is interlocutory order and not temporary injunction..........
Criminal Procedure Code, 1973, Section 340 -- Application u/s 340 Cr.P.C - Filed in civil Court shall be registered as an interlocutory application - An appeal challenging orders of such Court is maintainable only in Court in which appeals against decrees or orders of such Court may be filed under provisions of Civil Courts Act - Order of Civil Appellate Court thus, cannot..........
Constitution of India, 1950, Article 227 -- Writ petition - Maintainability - Order allowing application u/s 311 Cr.P.C - Appeal against such interlocutory order is barred u/s 21 of National Investigating Agency - Writ petition u/art 227 of Constitution against such order is maintainable...........
