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MADRAS HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Ad-interim injunction granted by civil Court restraining drawee from recovering amount of cheque - Not a bar for initiating proceedings u/s 138 of the Act...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2011
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Eviction - Arrears of rent - Non payment of arrears of rent before date fixed - Consequences of - Held, it is bounden duty of tenant to deposit provisional rent determined by Rent Controller otherwise it will entail tenant's ejectment from premises in dispute - If a tenant is dissatisfied with interim order..........

ALLAHABAD HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Notice issued but no object filed till date - Directions issued to Court below to consider application for interim injunction and pass appropriate order without granting unnecessary adjournment to either party...........

KERALA HIGH COURT

Year of decision: 2011
Details

Guardians and Wards Act, 1890 -- Act does not provide for any order of maintenance, including interim maintenance or pendente lite alimony for wife, though she may be a party to the proceedings...........

BOMBAY HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim relief - Modification of - Defendant No.2 prima facie appears to be bonafide purchaser for valuable consideration - Held, to put a condition of payment of royalty by him would be a burden on him - Parties appear to be from middle class and it would not be in the interest of justice to put such a burden on defendant..........

MADHYA PRADESH HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(2), Constitution of India, 1950, Article 226 -- Ad interim injunction order - Appeal thereagainst - Maintainability - Ad interim order of status quo passed u/s 151 - Held, order was passed u/s. 151, CPC, it cannot be inferred that such an order was not capable of being passed..........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Constitution of India, 1950, Article 226, Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908 -- Interim - Nature of - Final relief - Held, interim order should not be of such a nature that by virtue of which a petition or an application is finally allowed or granted even at an interim stage - Normally at an interlocutory stage no such relief..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2011
Details

Criminal Procedure Code, 1973, Section 125(1) -- (As amended by Amendment Act 50 of 2001) - Hindu Marriage Act, 1955, S.24 - Interim maintenance u/s 24 the HM Act and S.125 Cr.P.C. - Nature of proceedings - Held, when once main proceedings are disposed of awarding of interim maintenance u/s 24 of HM Act will cease to have any effect except for recovery of any arrears of..........

BOMBAY HIGH COURT

Year of decision: 2011
Details

Hindu Marriage Act, 1955, Section 13(1A)(ii), 23(1)(a), Hindu Adoptions and Maintenance Act, 1956, Section 17 -- Divorce - Petition for divorce filed by husband dismissed whereas petition for restitution of conjugal rights filed by wife decreed - Wife repeatedly made attempts to return to her matrimonial house pursuant to decree - Husband made no efforts to resume..........

MADRAS HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Section 151, Provincial Insolvency Act, 1920, Section 4, 5, 21, 23, 31 -- Power of the insolvency Court to pass interim orders - Held, Civil Court while trying the civil suit has inherent power of granting interim orders u/s 151 of the Code of Civil Procedure - Simply because S.23 of the Act enables the Court to release the debtor who has been..........

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