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 petition - Interim relief - Even assuming prima facie case in favour of writ petitioner there is no balance of convenience in its favour - In case stay is not granted, no loss or injury shall be caused to the writ petitioner and on the other hand if stay is granted, State will lose about Rs.20 lakhs daily - There is no way..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim mandatory injunction - Cannot be granted when the suit itself was for grant of very same relief by way of decree of mandatory injunction - But when party seeks to restore ante status quo position of suit property, legal position would be different and it would be exceptional circumstance under which Court can grant..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60(3) -- Release of vehicle - Vehicle seized for allegedly carrying contraband - Denial of relief on ground that after conviction of petitioner, vehicle is liable to be confiscated - Held, solely for the reason that vehicle is likely to be confiscated after trial,..........
Agreement to sell -- Specific performance - Subsequent purchaser - Bona fide purchaser - Suit property sold to defendant no.3 during pendency of suit - Interim injunction granted against defendant/seller restraining alienation of property - Sale in favour of third defendant was thus, in breach of order of injunction - Defendant no.3 held, not a bona fide purchaser -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-owners, joint-owners - (i) a co-owner is not entitled to an injunction restraining another co-owner from exceeding his rights in the common property absolutely and simply because he is a co-owner unless any act of the person in possession of the property amounts to ouster prejudicial or adverse..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Monetary relief as an interim measure - Cannot be denied merely on the ground that petitioner was being paid maintenance pendente lite under the orders of competent Court in divorce proceedings - Relief under the Act is in addition to any other relief which may be granted by any Court of law to the..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Ad-interim injunction - Discretion of Court - A person who violates the order of status quo, cannot be granted any relief by exercising discretionary power of Court...........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Ad-interim injunction - Plaintiff expanded unauthorized construction on the suit property in violation of status quo order - Photographs produced by Municipal Corporation regarding unauthorized construction proved on record - Plaintiff is not entitled to equitable relief, as such relief can only be granted if party comes to..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Claim by wife and her child - Husband failed to produce prima facie evidence regarding his income - Evidence on record shows that husband had higher middle class status having petrol pump business - Monetary relief of Rs.10,000 p.m to wife and Rs.5,000 p.m to child rightly granted...........
