Criminal Procedure Code, 1973, Section 125 -- Interim Maintenance - Written application for interim maintenance is necessary after amendment of Cr.P.C. in 2001...........
Hindu Marriage Act, 1955, Section 24, Hindu Adoptions and Maintenance Act, 1956, Section 18(2)(f) -- Interim maintenance - Conversion to another religion - Not relevant for deciding application u/s 24 of the Act...........
Hindu Marriage Act, 1955, Section 24 -- Interim maintenance - While considering application u/s 24 of the Act, financial status of parties, his or her capability to maintain herself during pendency of matrimonial proceedings alone is required to be considered...........
Precedent -- A judicial decision containing a principle which forms an authoritative element termed as ratio decidendi - Any reasons assigned in support of such interim order containing prima facie findings are only tentative...........
Civil Procedure Code, 1908, Order 39, Rule 2A, Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Section 151 -- Interim injunction - Violation of order - Appointment of local commissioner - In the instant case, defendant continued construction on disputed property after the order of interim injunction - Said act of defendant amounts to disobedience..........
Service -- Interim relief under Narayana Kurup Wage Board as affirmed by Majithia Wage Board - Eligibility - 11 employees of appellant were declared ineligible for the interim relief - Objections of appellant in that regard not considered by High Court on the ground that same had not been taken/raised at the relevant point of time - High Court was not justified in refusing..........
Civil Procedure Code, 1908, Section 80(2), Order 39, Rule 1, 2, 3, Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Ex-parte interim order passed against Government, who is not party to suit - Without recording reasons and without issuing show-cause notice - Order passed is vitiated by illegalities and is hereby set aside - Petition allowed...........
Civil Procedure Code, 1908, Section 80(2) -- Suit against Government - Without issuing show cause notice - No interim order without issuing show cause notice be passed by Court against Government or its officers when notice required u/s 80(1) CPC is dispensed with exercising power u/s 80(2) CPC - Hence, order passed in violation of S.80(2) CPC itself is an illegality...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Relief of mandatory injunction sought on the ground that defendant started raising construction during pendency of suit and in violation of interim orders - Issue regarding entitlement of plaintiff to the decree for mandatory injunction already framed - Moreover, plaintiff can initiate..........
Agreement to sell -- Specific performance - Subsequent purchaser - Bona fide purchaser - Suit property sold to defendant no.3 during pendency of suit - Interim injunction granted against defendant/seller restraining alienation of property - Sale in favour of third defendant was thus, in breach of order of injunction - Defendant no.3 held, not a bona fide purchaser -..........
