Hindu Marriage Act, 1955, Section 19 -- Divorce petition - Jurisdiction - `Last resided together' - `Residence' in its ordinary meaning is something, more or less, of a permanent character and it is something more than a temporary stay - Place where couple had casual or temporary visit, either for a health check up or business or for a change, cannot be treated to be a..........
Guardians and Wards Act, 1890, Section 9 -- Expression "ordinarily resident" used in S.9 of the Act signifies something more than temporary residence...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Status quo order - Validity - Whenever under exceptional circumstances, status quo order is granted instead of temporary injunction, it is incumbent upon Court to give finding as to particulars of status quo that it wants to be maintained - Impugned order of granting status quo without going into..........
Civil Procedure Code, 1908, Section 92, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from interfering with affairs of plaintiff trust - Defendants continue to act as trustees of plaintiff trust, as their removal by plaintiffs is bad in law - Trust being charitable, defendants can be removed only by invoking S.92 CPC - Injunction order restraining..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining co-sharer from raising construction - Defendant purchased demarcated portion of land from plaintiff No.2/co-sharer and obtained a sanction plan from local Gram Panchayat for construction in said portion - Admittedly, defendant after purchasing said portion of land raised construction over..........
Copyright Act, 1957, Section 13(1)(a), 13(1)(c), Civil Procedure Code, 1908, Order 39, Rule 1 -- Film song - Temporary Injunction - Sale of rights of sound recording for purpose of making and selling gramophone records also right to utilise sound tract for purpose of re-recording and subsequent manufacture, issue and sale of gramophone - Held, can at most be termed as..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Easementary right of passage - Two passages out of which one is of width of 2 yards located at a height of 2 fee without any vehicles capable of being going through the same - Plaintiff has to be taken to have established prima facie case - Balance of convenience is also in his favour as there are 11..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Guidelines as pointed out by Supreme Court are : (1) the existence of a strong case for trial, the standard of which shall be higher than that of a mere prima facie case required for a prohibitory injunction; (2) the necessity to prevent irreparable or serious injury, which cannot normally..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - No dispute that parties are co-owner/co-sharer - Only partition of property can resolve dispute - Injunction granted in favour of plaintiff is only to protect his possession till competent Court passes an order of partition and thereafter orders delivery of possession - Petition dismissed...........
Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 3, 4 -- Parole - Agricultural operations - Mere allegations that villagers would get enraged as petitioner had undesirable relations with wife of person, who has been murdered, may not be such circumstance to hold that there is likelihood of endanger to security of State or maintenance of public order or..........
