Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Order is not executable - In extreme urgency recourse can be had to S.151 CPC for implementing the order - First remedy available is U.O.39.R.2-A and power u/s 151 CPC can be invoked only after exhausting the remedy U.O.39.R.2-A CPC...........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 3, 43, United Provinces (Temporary) Control of Rent and Eviction Act, 1947, Section 2, General Clauses Act, 1897, Section 24 - - Rent and eviction - Notification issued extending provision of earlier enactment to area where suit is filed - Maintainability - In the instant case,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 41, Rule 1(r) -- Appeal - Ex parte injunction order - Provisional, temporary or interim order rendered U.O.39.Rr.1, 2 CPC is appealable U.O.41.R.1(r) CPC - However, aggrieved person can also recall such ex parte interim injunction order...........
Words and phrases -- `Interlocutory' and `Temporary"- Expression `interlocutory' means provisional, interim or temporary but not final - Similarly term `temporary' in expressions `temporary injunction' means provisional and interim and therefore orders of temporary injunction cannot by their very nature be final...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from carrying out excavation upto 22 feet for the purpose of construction of basement adjacent to the house of plaintiff - Said excavation resulting into damage to the foundation as well as wall above of the house of plaintiff - These facts have been corroborated by report of..........
Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 3(1)(b) -- Parole - Petitioner can seek parole and is entitiled for temporary release on parole for marriage of his sister's son, however period of his release is not to exceed four weeks...........
Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 3(1)(b), Haryana Good Conduct Prisoners (Temporary Release) Rules, 2007, Rule 4(1) -- Parole - R.4(1) of Rules which has been invoked to deny temporary release on parole to petitioner is procedural provision and is directory in nature - It would not prevail over substantive provisions of Act - Petitioner..........
Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 3(1)(b), Haryana Good Conduct Prisoners (Temporary Release) Rules, 2007, Rule 4(1) -- Parole - Ground of marriage of sister's sone - Mere fact that petitioner has availed three weeks furlong would not dis-entitle him or come in his way to decline him parole to attend marriage of his sister's son - Only..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from obstructing work carried out by plaintiff - Joint Development Agreement entered into between parties - Defendant contended that said agreement is repudiated by cancellation Letter - Said Letter has to be tested during course of trial - Plaintiff made out a prima facie case..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from causing obstruction and interference in the enjoyment of property under contract - Contract in question already cancelled and as such there was no question of preventing defendants from committing any breach of contract - Moreover, nowhere in pleadings or application any..........
