Civil Procedure Code, 1908, Order 9, Rule 4 -- Ex parte ad interim order passed despite filing caveat - Ex parte ad interim order rightly set aside...........
Insolvency and Bankruptcy Code, 2016, Section 14, 7 -- Moratorium imposed u/s 14 of IBC - Management of affairs of Corporate Debtor vest in Interim Resolution professional - However, sum of Rs.32.50 lakhs has been remitted into account of Company after order u/s 14 of IBC was passed and without authority from Resolution Professional - Case of company that it had business..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Status quo order - Suit for recovery of arrears of rent - Rent so claimed is quantified and measured and in the event plaintiff succeeds in the suit, he can be compensated appropriately thereof for use and occupation of premises by defendant - Plaintiff could not suffer an irreparable loss and injury..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Quashing of criminal proceedings, complaint, FIR - Law enumerated as to passing of order `not to arrest accused' or `no coercive steps be adopted' either during the investigation or till the final report/charge sheet is filed, while deciding application u/s 482 Cr.P.C. or petition under..........
Family Courts Act, 1984, Section 7(1) -- Explanation (d) - Anti-suit injunction - To prevent opposite party from instituting or continuing with the proceedings in another Court in domestic or foreign country - Anti suit injunction is maintainable in view of power to grant injunction in matrimonial disputes by Family Court - This power is traceable to S.7(1) Explanation (d)..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Interim maintenance - Wife is unable to maintain herself and her minor daughter - Husband being an able bodied young man stated to be working as Granthi having gone to Canada twice and statedly given Car and other valuable articles in dowry - Maintenance @ Rs.5000/- pm to wife and Rs.3000/- pm to minor..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Revenue entries qua tenancy of plaintiff and his payment of rent - Corrected by competent revenue authorities in favour of defendant and even appeal filed by plaintiff against order of revenue authorities has been dismissed by competent statutory appellate authority - Plaintiff cannot claim to be in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Maintainability of suit - Trial Court granted injunction - Appeal thereagainst dismissed - Writ petition against said two orders - Issue as to maintainability of a suit cannot be an issue to be considered at this stage in writ petition at the time when an application U.O.39.Rr.1, 2 CPC is being..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Identification of boundaries - Not to be considered at the stage of grant of ad interim injunction - It requires factual appreciation of evidence which has to be decided by formulating an issue...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Concurrent findings of fact recorded by two Courts below that plaintiffs stand recorded as against khasra nos. mentioned in plaint, in revenue records and those entries still subsist in their favour - Since plaintiffs being record holders, prima facie case stands established and presumption of their..........
