Criminal Procedure Code, 1973, Section 439(2), Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3) -- Cancellation of bail - Ex parte ad interim stay of operation of an order granting bail till disposal of application for cancellation of bail - As a normal rule, ex-parte stay of the bail order should not be granted - Said power can be exercised only in rare and very..........
Stay of proceedings -- Vacation of stay - Civil & Criminal Cases - Interim order passed after hearing the contesting parties cannot be vacated by High Court without giving sufficient opportunity of being heard to the party whose prayer for interim relief has been granted...........
Stay of proceedings -- Vacation of stay - Civil & Criminal Cases - Even if interim relief is granted after hearing both the parties even then aggrieved party is not precluded from applying for vacating the same on the available grounds...........
Interim relief -- Civil & Criminal Cases - Interim relief can be vacated or modified, after hearing the parties, on the grounds viz. (a) That after getting an order of stay a party prolongs the proceedings on unwarranted grounds; (b) If interim relief is granted as a result of either suppression of misrepresentation of material facts; (c) if there is material change in..........
Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2015, Section 12A -- Rejection of plaint - Commercial suit - Non-grant of interim relief at the ad-interim stage when plaint is taken up for registration/admission and examination will not justify dismissal of commercial suit U.O.7.R.11 CPC, as at times interim relief is granted after issuance of notice...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 474, 411, 409, 120B, Prize Chits and Money Circulation Scheme (Banning) Act, 1978, Section 4, 5, 6 -- Bail - Cheating - Numerous complaints were filed by depositors and others who were cheated throughout country - Most of complaints have been given subsequent to case registered..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Granted at the stage when accused answered the summons and not after plea of accused was entered - Interim compensation can be granted only where accused "pleads not guilty" - Impugned order set aside - It is open to accused to seek appropriate relief, including u/s 143-A of..........
Arbitration and Conciliation Act, 1996, Section 9 -- Interim relief u/s 9 of the Act - If a strong prima facie case is made out and balance of convenience is in favour of interim relief being granted, Court exercising power u/s 9 of the Act should not withhold relief on mere technicality of absence of averments, incorporating grounds for attachment before judgment..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Posting an application for anticipatory bail after a couple of months cannot be appreciated - If the main application could not be disposed of for any reason, within stipulated time, relief sought for in interlocutory application shall be considered on its own merits - High Court requested to dispose of..........
Practice and procedure -- Final relief cannot be granted by way of passing an interim order...........
