Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Arbitration agreement alleged to be the result of fraud - Ad interim injunction restraining defendants from proceeding with the purported arbitration - When fraud is alleged in execution of the agreement containing an arbitration clause then remedy lies in the civil court - No question of rejection..........
Criminal Procedure Code, 1973, Section 439 -- Second application for interim bail for appearing in Exam - Appellant a history sheeter and number of cases pending against him - Interim bail not allowed - However, direction given to make necessary arrangements for appearing in the examination...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance granted to wife and her child aged one and half year - Quashing of interim maintenance sought by the husband on the ground that he is not financially in a position to pay maintenance as he was undergoing treatment for mental unsoundness - Husband sought to rely on certain documents in support of his..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Restoration of suit dismissed in default - All interim orders passed get revived on restoration of suit...........
Protection of Women From Domestic Violence Act, 2005, Section 17, 19 -- Protecting possession of matrimonial home - Interim relief - Father-in-law purchased flat and husband paid some EMI's from his account and claimed tax relief - Denied by father-in-law - Fact of ATM transactions and mode of payments between father son for whatever motive was specifically within the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Refusal - Very right of vendors to execute sale deed-cum-general power of attorney itself is in clouds - There is documentary evidence to establish that defendants, their father and grandfather sold certain extent of land - Encumbrance certificate shows that lands were alienated in favour of plot..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Interim order - Violation - Raising construction despite order of status quo - Successful in raising construction upto a certain level - Should not be powered to proceed with the construction till the disposal of application U.O.39.R.2-A CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Both the parties claiming to be entitled to the property - Issue as to who is entitled and shares to which are entitled - To be decided after trial of case - In the mean time property needs to be protected - Order restraining defendant from transferring or from alienating the property in dispute..........
Service -- Regularization and parity in pay - (1) High Court not to issue directions for regularization, absorption or permanent continuance, unless the employees claiming regularization had been appointed in pursuance of a regular recruitment in accordance with relevant rules in an open competitive process against sanctioned vacant posts (2) Mere continuation of service..........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Vacation of ad interim injunction - Notice of application U.O.39.R.4 not issued to plaintiff so as to get its response thereon - Ad interim injunction vacated as plaintiff found to be have made a false or misleading statement in relation to a material particular - Held, in case plaintiff had knowingly made false or misleading..........
