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...........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 28 -- Petition for restitution of conjugal rights - Exparte order passed - Application to set aside exparte order - Application is maintainable - Section 28 of Hindu Marriage Act providing for an appeal is not a bar to file such an application...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff not party to proceedings u/s 145 Cr.P.C. but dispossessed by reason of order under that Section - Order in said proceeding not binding on plaintiff - Plaintiff can espouse and establish his cause in suit despite order u/s 145 Cr.P.C. - Injunction can be granted when suit property is..........
Civil Procedure Code, 1908, Section 148A(1), Order 39, Rule 1, 2, 3 -- Party lodging caveat under Section 148-A(1) - Court to serve notice of application for injunction to caveator - Court has no jurisdiction to grant ex parte injunction order unless conditions prescribed therein are complied with - In view of provisions of O.39.R.3 and Section 148-A which make a mandatory..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 7 -- Threat to change nature of land, to cause injury to subject-matter of suit or to cause comparative inconvenience or hardship to party - Civil Court to direct the parties to maintain status quo till the clouds of rights and liabilities of the parties are finally decided in the suit on merits - If matter be outside..........
Civil Procedure Code, 1908, Section 144, 151 -- Eviction order - Appeal - During pendency of hearing of stay application D.H. undertaking not to execute decree till hearing of stay application - J.D. dispossessed on same day in execution proceeding - J.D. ordered to be put back in possession by invoking powers under Section 151 CPC - Held, S.144 is not applicable in such..........
Civil Procedure Code, 1908, Section 92, 115 -- Permission to sue - Order passed without giving opportunity of hearing to defendants - Neither illegal nor amounts to material irregularity in eyes of law - As such, no revision against that order is maintainable - Moreover, requirement of giving notice in disposal of application under Section 92 is merely a rule of caution..........
Civil Procedure Code, 1908, Section 115, 141, Order 22 -- Provisions of O.22 are not applicable to revision proceedings - Legal representatives of a deceased party in revision proceedings can be impleaded by invoking section 151 of the Code...........
Civil Procedure Code, 1908, Section 115 -- After insertion of provisos (a) & (b) of sub-section (1) of S.115 defendant revisionist is not required to establish merely jurisdictional error as contemplated under sub-section (1)(a), (b) and (c) of S.115 CPC but he is further required to establish that the conditions contemplated under provisos (a) and (b) of sub-section (1)..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 105, 106 -- Execution petition - Dismissed for default - Restoration - Court has power to restore it under Section 151 if sufficient cause for absence is shown...........
