Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Oral agreement to sell - Suit for specific performance - Suit property sold during pendency of suit - Vendees impleaded party to the suit - Restraining such vendees from changing the nature of suit - Ad interim injunction granted restraining defendants from alienating or encumbering the suit..........
Electricity Act, 2003, Section 154(5), Court Fees Act, 1870, Article 1 -- , Sch 1 - Electricity - Theft - Special Courts trying offence - Not a Civil Court within meaning of Court Fees Act - Merely because complaint contains prayer for determination of civil liability the same is not converted into a plaint - Ad valorem Court-fee is not payable on complaints filed by..........
Civil Procedure Code, 1908, Section 9A, Order 39, Rule 1, 2 -- Temporary injunction - Plea of jurisdiction of Court - Court can grant interim relief whether such injunction is described as interim or ad interim injunction or whether a matter is kept pending or it is disposed of - If the Court is held to lack jurisdiction, then injunction, ad interim or interim, would stand..........
Constitution of India, 1950, Article 14 -- Recruitment - Age relaxation - Ad - hoc service - Ad hoc appointment of petitioner was de hors rules as she was not having three years teaching experience in recognized educational institution which is essential qualification - Simply because benefit of age relaxation stand granted to two candidates by inadvertent lapse or bona..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - At the stage of deciding application U.O.39.Rr.1, 2 read with S.151 CPC Court is not required to deal with the merits of the case - Court is required to see as to whether, any prima facie case existed in favour of the plaintiff, whether he was to suffer an irreparable loss, in case, the injunction..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Mutation sanctioned showing Karta civily dead - Mutation does not confer any right - Unless it is finally decided by a competent Court of jurisdiction that Karta is civily dead it cannot be held that Karta is civily dead - Order granting injunction, upheld...........
Court Fees Act, 1870, Section 7(1)(iv), Civil Procedure Code, 1908, Order 7, Rule 11 -- Suit for damages - Ad valorem court fee is payable when specific amount is claimed...........
Prevention of Corruption Act, 1988, Section 7, 13(2) 19 -- Illegal gratification - Public servant - Sanction for prosecution - Accused working as ASI on the day of alleged occurrence - Sanction by SSP - Plea that it was to be by DIG - Accused was promoted ASI with the approval of DIG - Accused was initially recruited as constable by SSP and was promoted to the rank of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea that ad valorem Court fee is payable - Suit for declaration that plaintiff alongwith defendants No.1 to 3 are owners in joint possession - Plaintiff claiming relief of declaration and injunction on the basis of existing title - Trial Court dismissed the application by holding that it is a mixed..........
Court Fees Act, 1870, Section 7(iv)(c) -- Sale deed - Court fee - Ad valorem Court Fee is payable only when consequential relief of cancellation of sale deed is required - Cancellation of sale deed as a consequential relief is required in case of sale deed is voidable and not in case when sale deed is void - In the instant case a declaration was sought that sale deed is..........
