Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 41(a)(b) -- Interim injunction - Cannot be issued in favour of plaintiff to obstruct execution of decree - Such relief is specifically barred u/s 41(a)(b) of Specific Relief Act - Interim injunction rightly rejected...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Restraining defendant from putting decree for possession in execution till disposal of main suit - Plaint filed by plaintiff does not reveal as to on what basis plaintiff is seeking a better title to suit property - Plaintiff himself stated that suit property is still joint between parties..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Grant of bail with condition - If facts and circumstances so warrant even Criminal Court at the time of grant of bail can direct accused to disclose his movable and immoveable properties/assets and also to submit an undertaking that he will not fraudulently transfer the same in order to defeat any order which may be..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Co-sharers - Restraining defendants from raising construction on joint land till the same was partitioned - Construction raised by other co-sharers was never objected to by plaintiff - Plaintiffs have not been able to demonstrate that either prima facie case or balance of convenience is in their favour..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 61, Criminal Procedure Code, 1973, Section 439 -- Recovery of 50,000 tablets of Tramadol - Interim bail till receipt of FSL report - Tablets were packed, manufactured in a factory, having batch number and expiry date - Salt, potency and weight of tablets were there on packing - It is not the case where..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Wilful disobedience of order of Supreme Court - Supreme Court vide its order passed interim order directing State of Haryana to release sufficient water to keep Wazirabad reservoir full - However, there was no failure on part of State of Haryana in releasing water in accordance with MOU - Petitioner has failed..........
Criminal Procedure Code, 1973, Section 482 -- Quash petition - High Court can grant interim protection order in exceptional cases with caution and circumspection giving brief reasons...........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Petition by wife - Application for restitution of conjugal rights and for declaration of guardianship and custody of minor children filed by husband sought to be transferred by wife - Interim order granting custody of children to husband is still in force and therefore, contention of wife of children being in..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - While considering application for award of interim maintenance, relevant consideration is the inability of spouse to maintain himself or herself for want of independent income or inadequacy of income to maintain at the level of social status of other spouse...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Interim maintenance - Enforcement of order passed u/s 12 of the Act - Parties have to file an application before jurisdictional Magistrate for enforcement of order passed u/s 12 of the Act and Magistrate may for every breach of the order, issue a warrant for levying the amount due in the manner provided..........
