Protection of Women From Domestic Violence Act, 2005, Section 29 -- Maintenance to wife and children - Purported payments made by husband to wife irregularly, in an ad hoc manner although of his own volition, but not in terms of order passed by Court, cannot be adjusted by executing Court with arrears of maintenance allowance payable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - It is to be granted not at asking but on strong circumstance so that to protect rights and interest of parties so as not to frustrate their rights regarding mandatory injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Dispute as to who shall be Chief Mutawalli - Single Bench after taking into account prima facie view, came to conclusion that Chief Mutawalli would remain in family of plaintiff and his family members for all time to come - No infirmity found in order of Single Judge - Division Bench fell into error..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Plaintiff successfully proved prima facie case, balance of convenience and irreparable loss in his favour - Nothing has been brought on record to show that defendants are either owners or in possession over property in dispute - Interim injunction rightly granted in favour of plaintiff...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Police assistance to implement order - Application dismissed and stay vacated by holding that at the time of grant of ad interim injunction plaintiff failed to apprise Court with regard to filing of caveat by defendant - Impugned order set aside - Matter remitted for decision afresh...........
Civil Procedure Code, 1908, Order 32, Rule 15, 3, Divorce Act, 1869, Section 10(1)(iii), 10(1)(x) -- Appointment of guardian ad idem - Unsoundness of mind - Suit for divorce on ground of cruelty by wife and mental disorderliness - Failure of Court to assign definite reason for declining request for referring respondent to Medical Board - Under O.32.R.15 CPC Court is not..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration that sale deed in question is set aside - Where executant of sale deed seeks declaration that it be set aside, it has to be by way of a suit seeking cancellation of sale deed, for which ad valorem Court fee is necessary to be paid...........
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...........
Andhra Pradesh Judicial Service Rules, 2007, Rule 6 -- Appointment of Ad hoc Fast Track District Judges - Appointments are to be made in terms of stipulations contained in advertisement - Neither advertisement nor Rules prescribed for securing minimum qualifying marks in viva voce test - Candidates were required to obtain minimum qualifying marks in written examination,..........
Court Fees Act, 1870, Section 7(ivA) -- Ad valorem Court fee - Suit for cancellation of agreement for sale - Valuation of suit shall be as per value mentioned in the instrument in terms of S.7(iv-A) of the Act and ad valorem Court fee has to be paid - Art.17 of the Act thus, would not be applicable...........
