C.M.A. under Or.43, rule 1 can be filed against the interim injunction orders granted under Or.39, rule 1 &2 C.P.C - when the trial court failed to dispose the Interim injunction Application within 30 days by flouting the mandatory rule framed under Rule 3 A of Or.39 C.P.C. - 2015 S.C.(2000)MSKLAWREPORTS



"Under the normal circumstances the aggrieved party can prefer an appeal only against an order passed under Rules 1, 2, 2A, 4 or 10 of Order 39 of the Code in terms of Order 43, Rule 1 of the Code. He cannot approach the appellate or revisional Court during the pendency of the application for grant or vacation of temporary injunction. In such circumstances the party who does not get justice due to the inaction of the Court in following the mandate of law must have a remedy. So we are of the view that in a case where the mandate of Order 39, Rule 3A of the Code is flouted, the aggrieved party shall be entitled to the right of appeal notwithstanding the pendency of the application for grant or vacation of a temporary injunction, against the order remaining in force. In such appeal, if preferred, the appellate Court shall be obliged to entertain the appeal and further to take note of the omission of the subordinate Court in complying with the provisions of Rule 3A. In appropriate cases the appellate Court, apart from granting or vacating or modifying the order of such injunction, may suggest suitable action against the erring judicial officer, including recommendation to take steps for making adverse entry in his ACRs. Failure to decide the application or vacate the ex-parte temporary injunction shall, for the purposes of the appeal, be deemed to be the final order passed on the application for temporary injunction, on the date of expiry of thirty days mentioned in the Rule." - 2015 S.C.(2000) MSKLAWREPORTS

Popular posts from this blog

Section 8 of the Hindu Minority and Guardianship Act, 1956 - permission of court for selling minor property by natural guardian- In the present case, though it is stated that the property has been sold for the proper benefit of the minors, their protection, education and marriage,there is nothing on record to suggest that previous permission of the Court was obtained by the natural guardian before transfer by sale in question.-2015 S.C.(2013) MSKLAWREPORTS24

Section 8 of the Hindu Minority and Guardianship Act, 1956 deals with the powers of natural guardian of a Hindu minor and the said section mandates that the natural guardian has power to do all acts which are necessary or reasonable and proper for the benefit of the minor or for the realisation, protection or benefit of the minor's estate, etc. The provision reads as follows: Sec. 8 . Powers of natural guardian.- (1) The natural guardian of a Hindu minor has power, subject to the provisions of this section, to do all acts which are necessary or reasonable and proper for the benefit of the minor or for the realization, protection or benefit of the minor's estate; but the guardian can in no case bind the minor by a personal covenant. (2) The natural guardian shall not, without the previous permission of the court,- (a) mortgage or charge, or transfer by sale, gift, exchange or otherwise any part of the immovable property of the minor; or (b) lease any part of such pro...
Read more

APEX COURT DIGEST 2016 - 1

T.P.Act - Registered sale deed coupled with an agreement of re conveyance - for a transaction to constitute mortgage by conditional sale, it is necessary that the condition is embodied in the document that purports to effect the sale . But not when   Sale Deed dated 14.06.1972 and  Agreement of re conveyance dated 14.06.1972 having been executed on the same day and both ought to be read together and when the Sale Deed was executed only as a security for the loan and it was never the intention of the 1st respondent-plaintiff to convey the suit property. Since 1st respondent- plaintiff has paid back the loan amount i.e. Rs.6,700/- as is evident from the subsequent Agreement dated 05.06.1974, the Courts below rightly recorded the concurrent findings of fact that  Sale Deed is not binding on the 1st respondent-plaintiff. Once repayment was made, the 1st respondent-plaintiff was entitled to the declaration as prayed for no need to ask for  cancellatio...
Read more

Section 25(1) of the Customs Act-exempted from payment of customs duty and additional duty leviable under the Customs Tariff Act.-Under Notification No.17/2001, that the benefit of duty exemption is available only for the import of the plant in full either in CKD or SKD condition. - The subject import can be considered only as a part of the plant.-Therefore, the goods under import are not eligible for the duty exemption as provided under the Notification No.17/2001.-what was imported was not a hot mix plant but only certain parts of such plant and, therefore, the exemption notification would not apply. -It is settled law that statements made to an Officer of Customs are admissible in evidence under Section 108 of the Customs Act, 1962.In the present case, both the oral evidence and the documentary evidence ultimately lead to the same conclusion: namely, that what was imported was not a hot mix plant that was complete in itself. - But not an unassembled Hot Mix Plant -have no application to an exemption notification which is issued under Section 25 of the Customs Act. - 2015 S.C. MSKLAWREPROTS

The appellant entered into a Joint Venture  Agreement  with  M/s            Shapoorji  Pallonji  &  Company  Limited  for  the  purpose   of            construction of roads in the State of Andhra Pradesh.  The Joint            Venture  was  awarded  a  contract  by  the  National   Highways            Authority of India for construction of roads as a  part  of  the            Golden Quadrilateral, Phase-2 Project in Andhra Pradesh. The description reads  :  "Hot                  mix plant batch type with electronic controls and bag  type                  filter arrangement 160 tons per hour capacity." ...
Read more