Interim Order - Law Dictionary Search Results
Home Dictionary Name: interim order Page 1 of about 16 results ( seconds)Interim orders/interlocutory orders
Interim orders/interlocutory orders, passed during the pendency of a case, fall under one or the other of the following categories:(i) Orders which finally decide a question or issue in controversy in the main case.(ii) Orders which finally decide an issue which materially and directly affects the final decision in the main case.(iii) Orders which finally decide a collateral issue or question which is not the subject-matter of the main case.(iv) Routine orders which are passed to facilitate the progress of the case till its culmination in the final judgment.(v) Orders which may cause some inconvenience or some prejudice to a party, but which do not finally determine the rights and obligations of the parties, Midnapore Peoples' Co-op. Bank Ltd. v. Chunilal Nanda, AIR 2006 SC 2190. Civil Procedure Code, 1908, O. 39, r. 1...
Interim order
Interim order. One made in the meantime, and until something is done...
Excess realisation
Excess realisation, 'excess realisation', in relation to each grade of levy sugar,--(i) means the price realised by any producer, on the sale of levy sugar of such grade, in excess of--(a) the controlled price, or(b) where any fair price has been fixed by a court for levy sugar of such grade, such fair price, and(ii) includes any realisation representing the differ-ence between the controlled price and the price allowed by the court by an interim order, if such interim order is set aside, whether by the court which made the order or in appeal or revision, Anakepalle Co-operative Agricultural and Industrial Society Ltd. v. Union of India, (1977) 4 SCC 130: AIR 1977 SC 2041....
Perpetual injunction
Perpetual injunction, an injunction which finally disposes of the suit, and is indefinite in point of time; as opposed to an injunction ad interim, i.e., until the trial or further order. See INJUNCTION....
Illness slip
Illness slip, is a facility which has been abused more often than not, so much so that interim orders once obtained have notoriously been found to have continued for a long time merely on the 'illness slip' and, therefore, the facility of adjournment on this basis should be abolished so that the litigant whose counsel has fallen ill may make alternative arrangement and the hearing of case may not be affected, Rais Ahmad v. State of Uttar Pradesh, (1999) 6 SCC 391....
Set aside
Set aside, is to revoke or quash. It means the interim order has come to an end and has become inoperative, Bileshwar Khan Udyog Khedut Shahakari Mandali Ltd. v. Union of India, AIR 1999 SC 1198. [See Levy Sugar Price Equalisation Act (31 of 1976), ss. 3(3), 2(b)(ii)]...
Interlocutory order
Interlocutory order, it has to be construed in con-tradiction to or in contrast with final order. It means not a final order, but an intermediate order. It is made between the commencement of an action and the entry of the judgment, V.C. Shukla v. C.B.I., AIR 1980 SC 962 (976). (Order XXXIX, Rule 6, CPC, 1908)The term 'interlocutory order' in S. 397(2) of the 1973 Code (Cr. P.C.) has been used in a restricted sense and not in any broad or artistic sense. It merely denotes orders of a purely interim or temporary nature which do not decide or touch the important rights or the liabilities of the parties. Any order which substantially affects the right of the accused, or decides certain rights of the parties cannot be said to be an interlocutory order so as to bar a revision to the High Court against that order, because that would be against the very object which formed the basis for insertion of this particular provision in S. 397 of the 1973 Code, Amar Nath v. State of Haryana, AIR 1977 ...
Judgment
Judgment [fr. judgment, Fr.], judicial determination; decision of a Court.Under the former practice of the superior Courts, this term was usually applied only to the Common Law Courts, the term 'decree' being in general use in the Court of Chancery. The expression 'Judg-ment,' however, is now used generally except in matrimonial causes, the term 'judgment' including 'decree' [(English) Jud. Act, 1925, s. 225, replacing Jud. Act,1873, s. 100].The several species of judgments are either:-(a) Interlocutory, given in the course of a cause, upon some plea, proceeding, or default, which is only intermediate, and does not finally determine or complete the action. See INQUIRY; SUMMONSES; and ORDERS; and the various titles of the subjects of such judgments as MANDAMUS; INJUNC-TION, etc.(b) Final, putting an end to the action by an award of redress to one party, or discharge of the other, as the case may be.By the (English) C.L.P. Act,1852, s. 120, a plaintiff or defendant having obtained a verd...
Injunction
Injunction, Expression 'injunction' in s. 41(b) is not qualified by an adjective and, therefore, it would, comprehend both interim and perpetual injunc-tion, Cotton Corporation of India v. United Industries Ltd., AIR 1983 SC 1272 (1277): (1983) 4 SCC 625. [Specific Relief Act, 1963, s. 41(b)]This is the discretionary process of preventive and remedial justice, whereby a person is required to refrain from doing a specified meditated wrong, not amounting to a crime. It is either (1) inter-locutory, i.e., provisional or temporary, until the coming in of the defendant's answer, or until the hearing of the cause; or (2) perpetual, i.e., forming part of a decree made at a hearing upon the merits, whereby the defendant is perpetually inhibited from the assertion of a right, or perpetually res-trained from the commission of an act contrary to equity and good conscience. As to mandatory injunctions, see post.See Specific Relief Act, 1963 (47 of 1963), s. 37.Prior to the Judicature Act injunctio...
Improvement of towns
Improvement of towns. The (English) Towns Im-provement Clauses Act, 1847 (10 & 11 Vict. c. 34), 'comprises in one Act sundry provisions usually contained in' special Acts of Parliament theretofore passed 'for paving, draining, cleansing, lighting, and improving towns and populous districts,' to avoid the necessity for repeating such provisions in each special Act, and to ensure greater uniformity in the provisions themselves.Of this Act, ss. 64-83, which relate to the naming of streets and numbering of houses, to the improving the line of streets and removal of obstructions, to the securing or demolition of ruinous buildings, and to the taking precaution during the erection of works, and ss. 125-131, which relate to slaughter-houses, are incorporated with the (English) Public health Act, 1875, by ss. 160, 169 of that Act.The Town and Country Planning Act, 1932 (English) (22 & 23 Geo. 5, c. 48), a codifying Act, repealing the (English) Town and Country Planning Act, 1925, authorises loc...
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