Service jurisprudence -- Term temporary, ad hoc and contractual appointments are used in contradiction to regular and permanent appointment - But term ad hoc and contractual appointment cannot be interchangeably used...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - At the instance of co-defendant - An application for injunction by co-defendant against another defendant is not maintainable...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Violation of temporary injunction order - Proceedings U.O.39.R.2-A CPC are akin to contempt proceedings and are quasi criminal in nature - Higher degree of proof is required for holding guilty of violating order of temporary injunction...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Violation of temporary injunction order - Trial Court holding defendant guilty of violating order of temporary injunction - However, order bereft of any reasoning and there is no discussion regarding material on the basis of which trial Court reached to the conclusion - As higher degree of proof is required for..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Police aid - Grant of police aid during pendency of application to set aside ex parte order - Court to first decide application to set aside ex parte order before embarking upon deciding police aid application - Impugned order set aside - Court to decide application to set aside ex parte..........
Civil Procedure Code, 1908, Order 39, Rule 1, Hindu Marriage Act, 1955, Section 8 -- Temporary injunction - Restraining respondent-wife from alienating scheduled property of deceased husband - Petitioner pleaded herself to be legally wedded wife of deceased but failed to prove the same - On the contrary, respondent produced several documents which established beyond doubt..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Findings made in interlocutory applications like application for temporary injunction will not operate as res judicata in deciding issues at the stage of final disposal of a suit...........
Civil Procedure Code, 1908, Section 151 -- Restoration of possession - Malice in law - Trial Court passed temporary injunction order restraining State from disturbing peaceful possession of plaintiff over suit property but the same was set aside in appeal - State took undue advantage of Appellate order and barricaded suit property and also prepared certificate of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant-owners from dispossessing respondent from suit hospital - Respondent is admittedly, running and is in possession of suit hospital for more than 13 years by three agreements - Respondent claims that he is a tenant while defendant-petitioner claim that respondent was a mere..........
Protection of Women From Domestic Violence Act, 2005, Section 21 -- Custody of child/children - Order for temporary custody of children cannot be passed at the stage of judgment and order...........
