Protection of Women From Domestic Violence Act, 2005, Section 23 -- Maintenance - Merger - Principle of - Interim order merges with the final order which further merges with the order passed by Appellate Court - Effective date of merger is the date on which order is passed by Appellate Court unless otherwise specifically provided - Merger is not retrospective - It is..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Order of status quo - Both parties claiming title and possession - Court passed order of status quo by holding that it is difficult to reach to the conclusion as to which of the party is in possession over the suit property - Order upheld...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - One of the cardinal principles in the matter of examining the application for temporary injunction is that a party claiming that relief must come to Court with clean hands...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Defendant admitting unauthorised possession of plaintiff - Order that plaintiff cannot be dispossessed except under due process of law inspite of the fact of holding that there is no prima facie case, balance of convenience and irreparable loss, in favour of plaintiff, upheld...........
Consumer Protection Act, 1986, Section 2, Article 19(1)(a), 21, 25, Rule 97, 32, 42 - - Food products, cosmetics and drugs, for human consumption, whether vegetarian or non vegetarian origin - Consumer has no fundamental right to know - Interim directions issued by High Court till requisite amendments are carried out by holding that consumer has such a fundamental right,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Refusal of - Petitioner failed before both Courts to prove his ownership on the basis of some documents - Held, simply because suit filed by respondent No.1 has been dismissed, therefore, prayer of interim injunction should have been granted is not sufficient...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Grant of - Exercise of power by Court - Held, grant or refusal of an interim injunction in a civil suit is the most important stage in civil trial - Due care, caution or diligence should be taken by judicial officers and judges while granting or refusing injunction - Once an injunction is granted, it..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic relationship - Number of photographs produced - There were statement of witnesses recorded by police about relationship between the parties as husband and wife or that they lived as husband and wife - Held, impugned order whereby maintenance was granted was passed only as an interim arrangement on..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for specific performance - Amendment seeking relief of possession - Originally plaintiff claiming to be in possession - However, while deciding application for ad interim injunction, Court recorded a finding that defendant is in possession of the suit property - Held, plaintiff is justified in filing..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Easements Act, 1882, Section 52 -- Ad interim injunction - Licensee - In case of a license, if the licensor revokes the licence, the licensee is left with no legal right in the property and is, therefore, not entitled to temporary or permanent injunction against the licensor...........
