Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - While granting anticipatory bail Court has to keep in mind the following factors : viz. (a) When a person complains of apprehension of arrest and approaches for order, application should be based on concrete facts (and not vague or general allegations) relatable to one or other specific offence; (b) It is..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife having no source of income - Husband contended that he has no income as he is already out of service and is unemployed - However, husband being an able bodied man is capable to earn minimum wages and thereby can spare Rs.3000 pm as interim maintenance - Husband directed to pay a sum of Rs.3000/- p.m...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-owners - Restraining altering physical features of suit property - Preventing other co-owners from altering nature of property is always in the nature of interim relief - There cannot be any permanent injunction for ever to keep other co-owners from enjoying suit property - Permanent injunction cannot be..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Vacation of interim order - Would not render writ petition infructuous, as the Court, at the time of final adjudication of petition, would consider all aspects, and in case so required, shall pass necessary orders granting all consequential as well as substantial benefits to petitioner, which are all..........
Service -- Retrial benefits - Promotion to Rank of IG of Police - Appellant continued to work pursuant to order of promotion that was granted to him to the rank of IG until he was reverted to rank of DIG - However, order of reversion stayed during pendency of proceedings before High Court - Appellant again as a result of interim order of SC continued to work as an IG rank..........
Arbitration and Conciliation Act, 1996, Section 17, Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992, Section 3 -- Interim order - Jurisdiction of Tribunal constituted under 1992 Act - Tribunal constituted u/s 3 of 1992 Act has jurisdiction to make interim orders in terms of S.17 of A & C Act, as there is no inconsistency between these two Acts...........
Protection of Women From Domestic Violence Act, 2005, Section 20, 21, 22, 23 -- Divorced wife - If an act of domestic violence is committed by husband, subsequent decree of divorce will not absolve liability of husband from offence committed or to deny benefit to which aggrieved person is entitled under the Act including monetary relief u/s 20 of the Act, child custody u/s..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Ad-interim injunction - Disobedience - In order to attract provision of O.39.R.2-A CPC, there has to be not mere disobedience but it should be a willful disobedience and act of willful disobedience is required to be proved by cogent evidence and a person cannot be held to be guilty of disobedience merely on basis of a..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Ad-interim injunction - Disobedience - Power U.O.39.R.2-A CPC cannot be exercised on a mere apprehension or as a matter of course in absence of clear proof that order which was to be obeyed was clear, unambiguous and within full knowledge of person who is alleged to have disobeyed the same...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Ad-interim injunction - Disobedience - Burden of proof - Burden lies heavily on the person who alleges disobedience to prove offence beyond reasonable doubt...........
