Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - If injunction is granted on the basis of false pleadings or forged documents, then Court must impose costs, grant realistic or actual mesne profits and/or order prosecution - This must be done to discourage the dishonest and unscrupulous litigant from abusing the judicial system - Court has..........
Protection of Women from Domestic Violence Act, 2005, Section 23, 29 -- Interim order - Restoring possession of shared household to wife - Appeal against - Appellate court would interfere with interim order only when order is arbitrary, capricious, perverse or contrary to the settled principles of law regarding grant of interim relief - Appellate court cannot set aside..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Grant of - During pendency of application for setting aside abatement - Abatement of suit does not render Court powerless to grant interim injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 22, Rule 3, 9 -- Interim injunction - Grant of - Effect of abatement of suit - Held, a suit abates on expiry of ninety days - Law permits another sixty days time for setting aside abatement - Even if application is not filed within 150 days, an application can again be filed alongwith an..........
Civil Procedure Code, 1908, Section 13, Order 39, Rule 1 -- Interim relief - Safeguard of rights under foreign judgment - Foreign Court passed judgment on the basis of motion for summary judgment and affidavit of plaintiff in support thereof - Defendants failed to appear and file reply before foreign Court - Conduct of defendants showed their complete reluctance to have..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Application not disposed of - Trial Court directed to consider application for temporary injunction at an early date...........
Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Ad interim injunction - Equitable relief - Party not coming to Court with clean hands and suppressing material facts - Not entitled to equitable relief of injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Ad interim injunction - Equitable relief - Cannot be granted to protect the wrongful act of plaintiff...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Railways Act, 1989, Section 143, 146, 80(G), Railway Travellers Service Agent Rules, 1985, Rule 2, 5 -- Writ petition seeking mandatory interim order permitting writ petitioner to run business as a railway travel agent - Agent had not applied for agency when advertised by Railways - Procedure for issue of license not..........
Clean hands -- The appellants deserve to be non suited because they have not approached the Court with clean hands - A person when touches the pure fountain of justice with tainted hands, is not entitled to any relief, interim or final...........
