Contempt of Courts Act, 1971, Section 2 -- Civil contempt - Non implementation of order - Order passed by High Court in the year 2001 - Appellant was posted in the Registry of High Court in the year 2005 - Non implementation of interim order of stay cannot be attributed to the appellant - Initiation of contempt proceedings against him not proper...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Grant of - Admitted case of appellants that they have already dismantled certain constructions as per suggestions of Advocate Commissioner by this Court - Trial Court had also made spot inspection and Court itself found that defendant-appellants had raised certain construction for stair case and had..........
Prevention of Women from Domestic Violence Act, 2005, Section 22 -- Interim order allowing stay/reside in house and awarding maintenance of Rs.10, 000/- per month - Order upheld in appeal but maintenance reduced to Rs.6, 000/- p.m. - Husband expired - Order did not specify as to which of the respondent out of the five would be liable to make the payment and why - Order..........
Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Section , Order 39, Rule 1,2, Specific Relief Act, 1963, Section 38 -- Ex parte report of local commissioner - Evidentiary value - Suit for permanent injunction - Commissioner appointed to conduct spot inspection at the behest of plaintiff, without notice to defendants - Advocate commissioner who..........
Hindu Minority and Guardianship Act, 1956, Section 6(a) -- Minor - Custody - Minor below 5 years of age - Held, ordinarily mother will be entitled for the custody of minor who has not completed the age of 5 years - Interim custody given to mother...........
Hindu Adoptions and Maintenance Act, 1956, Section 18 -- Interim maintenance - Wife employed - Even if wife is earning she may be given ad interim maintenance but much depends upon the status of the parties, the income of the wife and the husband etc. - Wife earning Rs.13, 000/- p.m. - But it was imperative for the plaintiff wife to have placed on record her salary..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - At the time of hearing ad-interim injunction application Court is to find out as to whether suit itself is legally maintainable - If suit itself is not maintainable then there is no question of grant of ad interim injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - At the behest of a purchaser from a co-owner against another co-owner - Similiciter suit for injunction filed by a purchaser from a co-owner against another co-owner is not maintainable - When suit itself is not maintainable then ad interim injunction cannot be granted - The only remedy available to..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Benefit of interim relief automatically gets withdrawn/neutralized on withdrawal of suit - In such a case concept of restitution becomes applicable...........
Interim orders -- Always merges into the final order - If case is ultimately dismissed, interim order stands nullified automatically...........
