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Interim relief

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  • #112012 Reply
    Giga
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    O.36 ,R. 1
    Issue
    Valiji Shamji Chheda & ors. V. Bhuderbhai Bajidas Patel & ors. (AIR 2013 Bom 1)
    S.J. KATHAWALLA , J.

    Interim relief

    To maintain status quo as of date in regard to suit property – Suit by partner of
    partnership firm regarding property of firm – Plaintiff making out prima facie case – Balance of Convenience also in their favour – Defendents directed to maintained status
    quo as of date in regard to suit property Kalawati Kotal alias Chamrani v. Shokilal and
    others. (AIR 2013 Chh. 12)

    ABHAY MANOHAR SAPER, J. S.96 Issue Jurisdiction of Appellant Court –Issue of res judicata was not raised by parties – No issue of res judicata framed by Trial Court –Appellate Court Suo moto invoking and applying principles of res judicata -Not proper – Unless issue of res judicata raised by parties ,Court has no jurisdiction to answer issue of res judicata.

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    • #112013 Reply
      Giga
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      Sec-3 of CPC

      State of Gujarat and anr. v. Gujarat Revenue Tribunal Bar Association and Anr. AIR 2013 SC 107

      DR.B.S.CHAUHAN AND FAKKIR MAHAMED IBRAHIM KALIFULA,JJ

      Court tribunal –Distinction –Tribunals are created to reduce burden of courts – Perform quasi judicial
      function –And can exercise only certain powers under civil and criminal Procedure Codes –Fact that
      tribunal is headed by judicial officer does not make it Court.

    • #112111 Reply
      Tina DU
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      Practice of granting interim orders which practically give the principal relief sought in
      the suit/petition for no better reason than that a prima facie case has been made out, without being concerned about the balance of convenience, the public interest and a host of consideration, should be deprecated.

      REFERRED TO:

      1. B.C.C.I. vs. Netaji Cricket Club MANU/SC/0019/2005: AIR 2005 SC 592.
      2. Kalyan Kumar Dutta Gupta vs. B.M.Verma MANU/WB/ 0024/1995: AIR 1995 Cal.140(DB).
      3. Bank of Maharashtra vs. Race Shipping & Transport Co. Pvt. Ltd. and Another, (1995) 3 SCC 257.
      4. T.P. Daver vs. Lodge Victoria MANU/SC/0018/1962: AIR 1963 SC 1144.

      The Hon’ble Supreme Court while dealing with the case
      of the Writ Petitioner in the case of Bank of Maharashtra versus Race
      Shipping & Transport Co. Pvt. Ltd. and Another, (1995) 3 SCC 257
      in para11 held as follows:-
      “Time and again this Court has deprecated the practice of granting
      interim orders which practically give the principal relief sought
      in the petition for no better reason than that a prima facie case
      has been made out, without being concerned about the balance
      of convenience, the public interest and a host of other
      considerations.”

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