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Showing posts with label interim order. Show all posts
Showing posts with label interim order. Show all posts
Sunday, 22 March 2026

Bombay HC: Whether the court can keep infructuous suit pending in the hope that a new cause of action may later be introduced by amendment?

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  Amendment plea rejected One of the respondent’s key arguments was that he had moved, or intended to move, for amendment of the plaint to i...

Civil Court Can Use Section 151 CPC To Dismiss Suit As Infructuous If Cause Of Action Ceases: Bombay High Court

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Union of India & Ors. v. Maheshkumar Gordhandas Garodia, Civil Revision Application (ST.) No. 23914 of 2023, decided on 17 March 2026 ​...
Friday, 22 August 2025

Kerala HC: Appellate courts U/S 29 of Domestic Violence Act have the power to pass interim protective orders

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  It is true that, as per Section 28 of the DV Act, all proceedings under Sections 12, 18, 19, 20, 21, 22 and 23 and offences under section ...
Monday, 13 May 2024

Supreme Court: Names Of Presiding Officer/Members Should Be Specifically Mentioned In Orders When Signed, Including Interim Orders

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Before parting with the judgment, we quote with approval para 25 of the impugned order passed by the High Court. The same is extracted below...
Sunday, 28 August 2022

Are directions of the Supreme Court in Asian Resurfacing of Road Agency Private Limited applicable to interim orders that do not stay the trial of civil or criminal cases?

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  To be more specific, the issue as urged by the petitioner is as to whether the observations of the Supreme Court in paragraph 36 of its de...
Saturday, 23 April 2022

Whether interim order ends if the proceeding in which stay is granted is dismissed?

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   From the above discussion, it is clear that imposition of a stay on the operation of an order means that the order which has been stayed ...

What is difference between stay of operation of an order and quashing of an order?

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  When the interim order was in force, the recovery of license fee was temporarily suspended. The restraint was only against the Department ...

Whether a party should pay interest on the amount payable by him which he has not paid due to stay order after the dismissal of that proceeding?

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When the interim order was in force, the recovery of license fee was temporarily suspended. The restraint was only against the Department no...
Saturday, 25 December 2021

Whether the court can refuse to hear a party if it has disobeyed its interim order?

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   An order passed by a competent court interim or final- has to be obeyed without any reservation. If such order is disobeyed or not compli...
Monday, 27 April 2020

Whether vague observations in an interim order could act as res-judicata in a subsequent suit?

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  The learned counsel for the appellants further submits that the respondent no. 1 also filed a suit, being Suit No. 220/2012, praying for...
Tuesday, 21 April 2020

Whether after the restoration of civil appeal, interim orders passed in it will revive?

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 I, therefore, come to the conclusion that the word 're-admission' in the aforesaid rule should be interpreted as 'restoration...
Thursday, 31 October 2019

Whether interim order can be executed after suit or appeal has come to an end?

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Still, however, it has to be seen whether any interim order in any suit or appeal can be executed after the suit or appeal has come to an ...
Sunday, 11 November 2018

Whether Criminal Appeal can be dismissed for non compliance of interim order passed in said proceeding?

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Since the applicant did not deposit the amount of Rs. 1,00,000/- within the stipulated period, subject to which the execution of the sente...
Sunday, 21 May 2017

Whether interim order can be treated as precedent?

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In Kapila Hingorani (I) v. State of Bihar, MANU/SC/0403/2003 : (2003) 6 SCC 1, the apex Court while dealing with meaning of "preceden...
Tuesday, 19 July 2016

Whether violation of interim orders passed by court is not punishable if it is subsequently found that court had no jurisdiction to entertain suit?

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The next thing to be noticed is that certain interim orders were asked for and were granted by the Civil Court during this period. Would i...
Saturday, 28 February 2015

Whether court can grant specific performance of contract when parties are not ad-idem regarding sale of property?

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The Apex Court in , Mayawati v. Kaushalya Devi had held that the jurisdiction to order specific performance of a contract is based on the ...
Monday, 1 April 2013

When appeal is not maintainable against interim order passed by Magistrate in Domestic violence Act?

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  The object of the Act of 2005 is to provide more effective protection to helpless and shelterless victims and to ensure the rights of wo...