Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendant from raising construction over common land - Till date no demarcation whatsoever has taken place in the property in question - Ad interim injunction rightly granted and appeal thereagainst was rightly rejected...........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Ad interim injunction - Vacation of - Claim of a lessee or tenant - No rent or lease agreement nor rent receipt produced - Prima facie possession of plaintiff over suit property not made out - Balance of convenience also lies in favour of defendant - Greater inconvenience would be caused to defendant if ad interim injunction..........
Interim orders -- Passed during pendency of case - Merges in final judgment passed in the case...........
Transfer of Property Act, 1882, Section 52, Civil Procedure Code, 1908, Section 96, 100, Order 22, Rule 10 -- Transfer pendente lite - During pendency of suit for specific performance and also in violation of ad interim injunction - Irrespective of any bona fides, transferee pendente lite is bound by the decree being passed by trial Court - Purchase of property during..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Interim bail - Recovery of 260 gms heroin - Petitioner sought interim bail for a special purpose of attending marriage of his sister - He is also involved in 4 more cases pertaining to NDPS Act - However, interim bail for one day under proper custody of police is..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction order - Police help - Defendant despite restraint order is stated to be interfering in the peaceful possession of plaintiff - Defendant also not willing to make a statement that till decision on application filed U.O.39.Rr.1,2 CPC she will not interfere in the peaceful possession of plaintiff -..........
Guardians and Wards Act, 1890, Section 12, 25, Hindu Minority and Guardianship Act, 1956, Section 6(a) -- Proviso - Interim custody of children - Claimed by mother - Children are getting all love, affection and care from their father - Though custody of a minor below 5 years of age shall ordinarily be with mother as per S.6(a) Proviso of Hindu Minority and Guardianship Act..........
Guardians and Wards Act, 1890, Section 25 -- Custody of minor child - Claimed by mother - Child is in custody of father since Sep 2018 - Child is of a very tender age - At this stage, child is required to be in company of mother for his overall growth - Interest of child is paramount consideration - Interim custody of child rightly granted to mother...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Cheque in question was dishonoured on 24.12.2018 and complaint was filed on 24.5.2019 - S.143-A of the Act is thus, applicable - Matter rightly remitted to Magistrate to consider complainant's application for grant of interim compensation u/s 143-A of the Act...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 11 -- Striking off defence - Violation of ad interim injunction order - Defendant had specific knowledge of interim order of injunction as passed by trial Court, inspite of which sale deeds came to be executed by him - Action of defendant amounting to willful and intentional defiance of order - Defendant even..........
