Civil Procedure Code, 1908, Order 43, Rule 1(r), Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Appeal - Interim order, restraining defendant from interfering or doing any illegal activities in relation to suit property granted during pendency of application for temporary injunction without recording reasons - Order is interlocutory order and not temporary injunction..........
Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Section 11 -- Interim maintenance - Second application - Not barred by constructive res judicata when in the first application wife had claimed only litigation expenses...........
Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Section 11 -- Interim maintenance - Second application - Applicability of constructive res judicata - In the earlier application wife demanded only litigation expense and there was no demand for interim maintenance - Demand of interim maintenance for herself and for child in the second application - Plea..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Granted by Bombay Civil Court and said injunction was confirmed by High Court while dismissing appeal from order - Interim injunction continued for last more than 5 years - No reason to interfere in the matter - Bombay Civil Court directed to dispose of the suit as expeditiously as possible...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - No interim injunction can be granted in respect of property which are not subject matter of suit...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 109, 111, 460, 394, 397, 201, 411, 120B -- Interim bail - For attending the marriage of his daughter - Offence u/ss 302, 109, 111, 201, 120-B, 394, 397, 411, 460 IPC - Case before trial Court is fixed for recording of statements of prosecution witnesses - Therefore, petitioner directed to be..........
Civil Procedure Code, 1908, Order 39, Rule 2A, Guardians and Wards Act, 1890, Section 12 -- Disobedience of order of Family Court - Custody of child - Order of Family Court passed u/s 12 of G & W Act, though being is in the nature of a directive and an interim order of mandatory injunction, cannot be enforced by invoking O.39.R.2-A CPC - Appropriate remedy is contained u/s..........
Service -- Salary for period of discontinuation of service - Applicant was discontinued from service on attaining age of 62 years - Pursuant to interim order appellant resumed service - Applicant has completed 5 years of service in Jan 2019 - However, applicant was not given salary and other benefits for the period he discontinued till he resumed service, on the ground..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 120B, 148, 149, 302, 325 -- Interim bail - For attending marriage of his sister - Offence u/ss 120-B, 148, 149, 302, 325 IPC - Father of petitioner has already expired and presence of petitioner is necessary at the time of marriage of his sister - Moreover, not only presence of petitioner on date..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Income of Husband assessed by Family Court as Rs.1,10,000 p.m - Husband not questioned the said income by filing separate petition or otherwise - Family Court ought to have granted 25% of total income as interim maintenance to wife - Wife held, entitled to Rs.27,500 p.m from date of grant of maintenance...........
