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..........
Hindu Adoptions and Maintenance Act, 1956, Section 18 -- Interim maintenance - Wife having no known means of livelihood - Husband having about Rs.40, 000/- as surplus income - On an overall conspectus of circumstances, the reasonable amount of maintenance in such case payable to wife would be Rs.20, 000/- per month...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Procedure - After evaluating the averments nd accusation available on record if Court is inclined to grant anticipatory bail then an interim bail be granted and notice be issued to the public prosecutor - After hearing the public prosecutor Court may either reject the bail application or confirm the initial..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife who is not earning is expected to be supported by her husband - Husband getting salary of Rs.34, 000/- p.m. after usual deductions - Grant of Rs.9, 000/- p.m. towards interim maintenance to wife is legitimate, reasonable and proper...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Ad interim injunction - Enforcement of order - Court has ample power to enforce its order by even directing the District Authorities to do needful...........
Civil Procedure Code, 1908, Section 16, 20, Constitution of India, 1950, Article 226, 227 -- Writ petition about property filed in Allahabad High court though property was located within territorial jurisdiction of Lucknow Bench of Allahabad High Court - Single Judge of Allahabad High Court entertained writ against a private body - Two interim ex-parte orders passed..........
