Service -- Transfer - Scope of judicial review is limited - High Court would not interfere with an order of transfer lightly, be it at interim stage or final hearing - This is so because the courts do not substitute their own decision in the matter of transfer...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Plaintiff and defendant purchasing land comprising khasra numbers which were still joint and not yet partitioned by co-sharers - Held, even if the parties purchased the property by specific khasra numbers and boundaries, it cannot be said that they were in exclusive possession of any..........
Criminal Procedure Code, 1973, Section 438 -- Interim order - To be passed subject to the final order - Before final order granting anticipatory bail is passed, High Court is required to apply its mind not only with regard to the stage in which the investigation is pending but several other factors including the conduct of the accused...........
Interim orders -- Merge in the final order and after final decision/disposal of the case in whatever manner it may be, interim orders passed therein do not remain in existence - If a case is dismissed either on merit or otherwise, anything done under interim order passed therein will have to be reversed unless the judgment finally deciding the case, such actions are saved...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining electricity board from erecting electric poles and passing the electric wires - Held, Punjab State Electricity Board is empowered under the relevant provisions of law, to erect poles and lay lines in the fields of any private person - The only remedy available is to seek compensation...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Possession delivered in execution of decree - High Court in revision passed an interim order directing D.H. to redeliver possession to J.D. - As possession is delivered in execution of decree as such there is no question to pass interim mandatory injunction directing D.H. to redeliver..........
Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Can be set up before or at the time of filing of written statement or at a later stage with leave of Court - Order allowing counter claim filed after filing written statement and without leave of Court, set aside - All proceedings, including interim injunction, on the basis of counter claim also set aside...........
Protection of Women From Domestic Violence Act, 2005, Section 18, 31 -- Protection order or interim protection order - Magistrate can direct registration of case and investigation u/s 31 of the Act only for the breach of either a protection order or an interim protection order passed u/s 18 of the Act...........
Protection of Women From Domestic Violence Act, 2005, Section 18, 31, Legal Services Authorities Act, 1987, Section 21 -- Lok Adalat - Unless an award passed by Lok Adalat is in terms of S.18 of Domestic Violence Act, it cannot be a protection order or an interim protection order - Breach thereof will not attract an offence u/s 31 of Protection of Women From Domestic..........
Guardians and Wards Act, 1890, Section 10 -- Custody of minor child - Mother alongwith two other accused committed murder of her husband - Mother convicted and in jail - Interim custody of child given to grand father and not to maternal grand father who was involved in murder but acquitted - Held, moral and ethical values have to be taken care of over and above the..........
