Arbitration and Conciliation Act, 1996, Section 9 -- Interim relief u/s 9 of the Act - If a strong prima facie case is made out and balance of convenience is in favour of interim relief being granted, Court exercising power u/s 9 of the Act should not withhold relief on mere technicality of absence of averments, incorporating grounds for attachment before judgment..........
Criminal Procedure Code, 1973, Section 482 -- Investigation - Stay - Grant of any stay of investigation and/or any interim relief while exercising powers u/s 482 Cr.P.C. would be only in the rarest of rare case...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Prima facie case, balance of convenience and irreparable loss exists in favour of plaintiffs as regarding interim relief sought with regard to creation of third party interest - So far as interim relief with regard to raising of construction over suit property, since balance of convenience does not lie..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Plaintiff failed to make out a prima facie case for grant of interim injunction - Resultantly, no prima facie case is made out by plaintiff for grant of attachment of suit property under provisions of O.38.R.5 CPC - Moreover, application filed by plaintiff is bereft of any details as to how relief..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Prima facie case is in favour of plaintiff - Balance of convenience and irreparable loss also lie in favour of plaintiff - Interim relief of temporary injunction restraining defendants, their agents, servants and all other persons claiming through or under them,..........
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..........
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..........
Family Courts Act, 1984, Section 7(1) -- Explanation (d) - Anti-suit injunction - To prevent opposite party from instituting or continuing with the proceedings in another Court in domestic or foreign country - Anti suit injunction is maintainable in view of power to grant injunction in matrimonial disputes by Family Court - This power is traceable to S.7(1) Explanation (d)..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Restraining defendants from craving out any passage/rasta thereby obstructing plaintiff's access to her residence - Prima facie case is in favour of plaintiff as per pleadings of parties, photographs and document available on file - Balance of convenience is also in favour of plaintiff - In case..........
Civil Procedure Code, 1908, Section 80(2) -- Suit against government without issuing notice - Interim relief - Can only be granted when leave to institute suit against Government without notice is granted and then only interim relief can be granted after hearing the State - In the instant case interim relief granted when leave had been refused - Prior to grant of leave,..........
