Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Police help to enforce the order - Both the parties claiming their possession - Both the parties filed suits and in both the suits ad interim injunction restraining interference in possession granted - Appeal against ad interim injunction order pending in both the suits - Factum of possession still..........
Consumer Protection Act, 1986, Section 13(3 -- B) - Maharashtra Ownership of Flat Act, 1963, Section 9 - Maharashtra Ownership of Flat Rules, 1964, Rule 9 Housing - Building - Completion certificate - Conveyance deed - Execution of - Sanction plan - Revision of - Construction activities - Restraint order - Interim order - Vacation of - Revision - District Forum has only..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit as framed and filed does not have all the necessary parties - Held, no interim relief can be granted in favour of the plaintiffs in such a suit...........
Arbitration and Conciliation Act, 1996, Section 9, 2(1)(3), 42, Civil Procedure Code, 1908, Section 20 -- Interim Relief - Territorial jurisdiction - Parties by way of agreement decided that place of arbitration would be State of Orissa - However application u/s.9 of Arbitration Act, filed in Court at Hyderabad - Held only courts in State of Orissa would be vested with..........
Civil Procedure Code, 1908, Order 43, Rule 1(r), Constitution of India, 1950, Article 227 -- Suit for possession by way of specific performance of agreement to sell - Along with suit, application for interim injunction also filed on which parties directed to maintain status quo regarding possession and alienation - Plaintiff petitioner filed applications under order 39..........
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..........
