Family Courts Act, 1984, Section 7, Criminal Procedure Code, 1973, Section 125 -- Maintenance petition filed by divorced Muslim women u/s 125 Cr.P.C. and pending in the Family Court - To be transferred to concerned Magistrate's Court for disposal according to the Muslim Women Act - Interim orders passed therein will be continued till the Magistrate disposes them of...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Police help - Cannot be granted in case where status quo order was passed - Police help can only be granted in a case where ad interim injunction is granted and there is apprehension of interference by the other party...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Possession delivered pursuant to agreement to sell - Once it is established prima facie that as per agreement to sell possession of the property was actually delivered to the vendee and the vendee is enjoying all amenities in the building, plaintiff is entitled to interim injunction restraining the defendant from..........
Criminal Procedure Code, 1973, Section 397(2) -- Revision - Interim order - Sole test is not whether such order is passed during the interim stage - The feasible test is whether by upholding the objections raised by a party, would it result in culminating the proceedings, if so any order passed on such objections would not be merely interlocutory in nature as envisaged in..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Disappearance of three persons - Allegation against police officials - High Court giving direction to State Government to give sanction for prosecuting alleged delinquent officials and further direction to pay a sum of Rs.2 lakhs to wife and children of disappeared persons by way of..........
Practice and Procedure -- Interim orders - Held, interim orders, even though may have been confirmed by higher Courts, never bind and do not prevent passing of contrary order at stage of final hearing...........
Vehicle -- Interim custody - Not desirable to keep vehicle in Court custody for a long period till final disposal of case - It is more advisable to entrust it to registered owner on behalf of Court on certain conditions...........
Rent and Eviction -- Change of user - Undertaking given in the High Court by tenant to vacate the premises - Tenant has still a right to approach Supreme Court under Article 136 Constitution of India and can even seek interim relief of stay of eviction despite the undertaking given by him to vacate the premises...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife filed petition for judicial separation - Husband filed petition for declaration that marriage was nullity - Interim maintenance refused holding that marriage was nullity - Held, when petition filed by husband and wife are pending it is not appropriate to conclude about the legal position of the..........
Contempt of Courts Act, 1971, Section 2 -- Eviction petition - Appeal - Tenant given time to vacate subject to giving undertaking - But no undertaking given - Brother-in-law of tenant filing suit and obtaining interim order - Contempt petition by landlord - Suit withdrawn on coming to know of contempt petition - Affidavit by tenant and his brother-in-law apologising for..........
