Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from causing obstruction and interference in the enjoyment of property under contract - Contract in question already cancelled and as such there was no question of preventing defendants from committing any breach of contract - Moreover, nowhere in pleadings or application any..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from causing obstruction and interference in the enjoyment of property under contract - Subject contract already terminated and yet without seeking any interim stay upon effect and operation of order of cancellation of contract or any restoration of status quo ante, a prayer..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections - There is no bar for execution Court to treat an application filed to record resistance to delivery of property as one for removal of obstruction U.O.21.R.97 CPC...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 25(2) -- Interim maintenance - During pendency of revision petition parties compromised - Both the parties will live together peacefully and in case both the parties fail to live together then husband shall provide to wife a room having space of minimum 15 x 10 ft. and also one kitchen and..........
Indian Penal Code, 1860, Section 143, 147, 149, 238, 294(a) -- Offence u/ss 143, 147, 149, 238 IPC - Quashing of proceedings - Accused as women activists protesting and demonstrating against the commission of heinous crimes against women and teenaged girls - No allegation that accused have used any criminal force or violence - Nor they caused any obstruction to any person..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Possession delivered in pursuance of unregistered agreement to sell - Restraining defendant not to interfere in possession of plaintiff over it and not to create obstruction in construction being carried out by plaintiff - Unregistered agreement to sell is inadmissible in evidence and does not legally..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 498-A IPC - Compromise - Quashing of FIR - Non-compoundable offences are basically an obstruction in entering into compromise - However, notwithstanding the fact that offence u/s 498-A IPC is a no, compoundable offence, there should be no impediment in quashing FIR u/s 498-A..........
Essential Commodities Act, 1955, Section 3 -- Retail petroleum outlets - Cancellation of dealership of appellant - Taking back of possession of land allotted to appellant in order to appoint another dealer - Challenge - As per lease deed lessee has the freedom to sublet and appoint another dealer - Upon cancellation of dealership agreement, appellant/dealer has to vacate..........
Specific Relief Act, 1963, Section 38, 39 -- Permanent prohibitory injunction - Restraining defendant from causing any obstruction to plaintiff's enjoyment of suit property - Commissioner's report and oral evidence shows that there was an attempt to interfere with plaintiff's right as claimed - There is also a challenge by defendant against rights conferred on plaintiff as..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness for further cross examination - Merely because plaintiff while being cross examined was covering his face with file is not a ground to recall plaintiff for further cross-examination as it is difficult to understand as in what manner such conduct of plaintiff caused any interference or obstruction in cross..........
