Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Agreement to sell - Suit for specific performance - Plaintiff advanced huge amount as earnest money - Order of status quo regarding alienation of suit property set aside - In case of alienation of suit property during pendency of suit, defendant to inform prospective alienees the fact of pendency of..........
Court Fees Act, 1870, Section 7(iv)(c) -- Sale deed - Assailing validity - Court fee - If a person is not a party to the sale deed, he is not required to affix ad valorem Court fee for the purpose of challenging the sale deed...........
Constitution of India, 1950, Article 226 -- Writ petition - Exparte ad interim injunction - Court should not grant interim orders in a mechanical manner, on the assumption that the aggrieved party can always seek vacation - Grant of ex parte interim orders, that too mandatory orders, routinely or merely for the asking, on ground of sympathy or otherwise, will interfere..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Arbitrator - Appointment - Arbitration agreement - Intention of parties has to be considered in order to conclude whether parties were ad idem as far as adopting arbitration as a method of dispute resolution was concerned - Minor differences do not affect the intention of parties - Plea that in the absence of signed..........
Constitution of India, 1950, Article 226 -- Writ petition - Exparte ad interim injunction - Court should not grant interim orders in a mechanical manner, on the assumption that the aggrieved party can always seek vacation - Grant of ex parte interim orders, that too mandatory orders, routinely or merely for the asking, on ground of sympathy or otherwise, will interfere..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for declaration of title on the basis of Will - Ancestral property - Nature and character of property not to be changed during the pendency of the suit...........
Civil Procedure Code, 1908, Order 39, Rule 2A, Constitution of India, 1950, Article 227 -- Ad interim injunction - Breach of - Revisional jurisdiction - Exercise of - Civil suit in which ad interim injunction was granted in favour of petitioner itself has been dismissed - Held, jurisdiction u/Art. 227 of the Constitution of India Can not be invoked...........
Protection of Women From Domestic Violence Act, 2005, Section 23(1), 23(2) -- Protection of Women From Domestic Violence Rules, 2006, R.12(3) - Rule 12(3) pertains only to the final order passed u/s 23(1) of the Act and not to the ad interim order passed u/s 23(2) of the Act...........
Protection of Women From Domestic Violence Act, 2005, Section 23(2) -- Exparte ad interim order - Magistrate shall take necessary care and caution while passing ex parte ad interim orders - Indiscriminate passing of ad interim ex parte orders deprecated...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Oral agreement to sell - Suit for specific performance - Injunction to restrain defendants from changing the nature of suit property - Injunction granted restraining defendants from alienating or encumbering the suit property or changing the nature and character thereof till the disposal of the suit..........
