Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Purpose of an interim injunction is to preserve the property in dispute pending suit, where property is in danger of being wasted, damaged or alienated by any party to the suit, or where defendants threaten to dispossess plaintiff, or otherwise cause injury to plaintiff, in relation to suit property...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Income of husband - Non disclosure of income by husband - In order to avoid further delay, instead of asking husband to produce his Income-tax returns, Court to draw an inference against husband - Keeping in view the facts and circumstances of the case and resorting to an inevitable guess work, it would be..........
Civil Procedure Code, 1908, Order 43, Rule 1(r), Civil Procedure Code, 1908, Order 39, Rule 3, 3A -- Appeal - Ex parte injunction - Law as to : (i) Miscellaneous appeal against ex parte injunction order would be maintainable only after expiry of 30 days where provision of O.39.R.3-A PC is in force; (ii) In State of UP, since Circular dated 16.8.17 issued providing for 6..........
Criminal Procedure Code, 1973, Section 125, Family Courts Act, 1984, Section 19(2) -- Maintenance - Order allowing maintenance - An appeal u/s 19(2) of the Family Courts Act does not lie against an order passed in proceedings u/ss 125 to 128 of the Code - Criminal revision is maintainable against both interim as well as final order passed u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 365, 367, 452, 506 -- Bail - Offence u/ss 323, 365, 367, 452, 506 IPC - Accused at one point of time was granted interim bail and he surrendered in time - He was carrying sword as written in FIR, but only a danda was recovered from him - Accused was no more required for custodial..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 120B -- Anticipatory bail - Cheating - Allegation that petitioners grabbed compensation amount as awarded to complainant in road accident by manipulation, misrepresentation and playing fraud with complainant - Though undertaking was given by accused for payment of amount, but no such payment..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance u/s 125 Cr.P.C. - Application for interim maintenance u/s 125 Cr.P.C. for the same period for which interim maintenance has been awarded under Domestic Violence Act is maintainable - However, Court would bear in mind the interim maintenance awarded in other proceeding while considering merits of application...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Implementation - Police aid sought within 8 to 10 days of passing of ad interim injunction - It is not the period but the circumstances which matter - Trial Court on the basis of video recordings came to conclusion that there was obstruction in breach of order of temporary injunction -..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 61 -- Bail - Offence u/ss 22, 61 NDPS Act - Recovery of 6950 tablets of clovidol 100 SR - Due to COVID-19 situation, trial is not progressing and even the charges have not been framed - Petitioner is in custody for last 01 years, 02 months and 22 days - Interim..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Trial Court while allowing application has not adverted to either facts or submission of parties to come to conclusion that there is strong prima facie case in favour of plaintiff for grant of an ad interim injunction - Order granting injunction is bereft of any reasoning and thus, set aside -..........
