Civil Procedure Code, 1908, Order 39, Rule 4, Trade Marks Act, 1999, Section 28(3) -- Ex parte ad interim injunction - Vacation of - Infringement of trade mark - If an action for violation or infringement of trade mark is brought about by party against another person or a defendant claiming infringement whose trade mark is also registered though in different class such an..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3 -- Ex parte ad interim injunction - Suit for partition - Defendants were negotiating to sell the property in dispute and change the nature of land by raising construction - There was an urgency in the matter as nature of property in suit is required to be maintained - In case any construction is raised it will create..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3 -- Ex parte ad interim injunction - O.39.R.3 requires Court to record reasons for granting ex parte injunction - There is no absolute prohibition for grant of ex parte injunction - However, Court is required to record reason for grant of ex parte injunction...........
Civil Procedure Code, 1908, Section 148A -- Caveat - A caveat is merely an advance intimation by the defendant communicated to the prospective plaintiff and registered in the court, where defendant expects the suit to be filed - A caveat is merely an anticipatory application to ensure that no ex parte interim order is granted to such prospective plaintiff...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Order as to - Such an order can even be passed ex parte at the time of issuance of notice to the respondent...........
Protection of Women From Domestic Violence Act, 2005, Section 23, 29, 43 -- Maintenance - Ex parte interim maintenance - Appeal and not revision against the order is maintainable...........
Protection of Women From Domestic Violence Act, 2005, Section 23(2) -- Maintenance - Ex parte interim maintenance - Can be granted even without issuing notice - However, said order is to be made absolute with or without modification, after service notice on the respondent - For passing ex parte interim order, Magistrate has to subjectively satisfy himself as to the..........
Protection of Women From Domestic Violence Act, 2005, Section 24 -- Maintenance - Ex parte interim maintenance - U/s 24 onus is on Judicial Magistrate to ensure that copies of any order passed under the Act is furnished to the parties as well as others mentioned in S.24 of the Act...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 4 -- Ex parte ad interim injunction - Appeal against - Not maintainable when application U.O.39.R.4 is also pending - Application U.O.39.R.4 has to be heard first...........
Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Injunction - Safeguards - (i) Safe and better course is to give a short notice on injunction application and pass an appropriate order after hearing both the sides; (ii) in case of grave urgency, if it becomes imperative to grant an ex parte ad interim injunction, it should be granted for a specified period and (a) Court..........
