#interim injunction

[etthawitthi]

Interim injunction against dissolution of Parliament to stand until SC verdict

Interim injunction against dissolution of Parliament to stand until SC verdict

The Fundamental Rights Petition filed challenging the Gazette issued by the President dissolving Parliament which was taken up in court for a 4th day today, ended a short while ago.

The court has noted that Interim injunction order issued against the dissolution of Parliament will stand until a verdict is reached by the Supreme Court.

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[etthawitthi]

This is not the Court's final decision: Namal

This is not the Court’s final decision: Namal

UPFA MP Namal Rajapaksa said the Supreme Court’s interim order on the dissolution of parliament was not the Court’s final decision.

In a tweet he said he had never seen politicians get ‘so excited’ over postponing of elections.

“The UNP has a history of postponing polls but eventually voters will decide,” he said.

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[nollywoodmagazine]

N50bn debt: AMCON gets order to seize Jimoh Ibrahim’s properties in Abuja, Dubai, London

N50bn debt: AMCON gets order to seize Jimoh Ibrahim’s properties in Abuja, Dubai, London

Jimoh Ibrahim

A Federal High Court in Lagos has granted an interim injunction to the Asset Management Corporation of Nigeria to confiscate assets belonging to Nigerian businessman, Mr. Jimoh Ibrahim, over an alleged indebtedness of N50bn.

Justice Saliu Saidu gave the verdict following an application to that effect by AMCON’s lawyer, Mr. Yusuf Ali (SAN).

According to him, the order would…

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[firstlawindia]

Right to park is not an easementary right

Right to park is not an easementary right

The Delhi High Court on Friday, September 18, 2015 in Surabhi Gehlot Vs. Swarn Kanta Punj held that the right to park is not an easementary right. Such a right, in the absence of any inclusion as part of the terms of the lease cannot be read into the lease as an implied term of the tenancy.

A bench comprising of Justice S. Ravindra Bhat and Justice Deepa Sharma observed that a tenant is entitled…

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[firstlawindia]

Interlocutory Mandatory Injunctions

The power of the Court to pass mandatory order has been considered by Calcutta High Court in Soumyendra Roy Choudhury v. Uco Bank & Ors. reported at 2014 (1) ILR 512.

In the said judgment after considering the case laws held that in an appropriate case, the Court can pass a mandatory order at the interlocutory stage.

The mandatory injunctions are generally granted in case of wrongful…

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[firstlawindia]

Mandatory Order at Interlocutory Stage

Mandatory Order at Interlocutory Stage

The power of the Court to pass mandatory order has been considered by Calcutta High Court in Soumyendra Roy Choudhury v. Uco Bank & Ors. reported at 2014 (1) ILR 512.

In the said judgment after considering the case laws held that in an appropriate case, the Court can pass a mandatory order at the interlocutory stage.

The mandatory injunctions are generally granted in case of wrongful…

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[citypeoplenews]

Fayose In Trouble: Court Refuses To Stop His Impeachment

Fayose In Trouble: Court Refuses To Stop His Impeachment

9 April 2015 | 5:54 am

Things are not the same anymore, impunity is no longer tolerated in Nigeria. A Federal High Court sitting in Abuja has refused to stop the impeachment proceeding being spearheaded by the 19 APC members of the Ekiti State House of Assembly against Governor Ayo Fayose, and his deputy, Kolapo Olusola.

The impeachment proceeding notice was served on the governor and his…

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[muralimohan]

  Sec.94 C.P.C- Sec.151 C.P.C.- Or.39 , Rule 2 A C.P.C. - Or.21, Rule 32 C.P.C. - Suit for injunction - ad-interim injunction pending disposal of suit - Police Aid as the petitioners involved in violating it.   - Trial court issued Police Aid - Revision - A.P. HIGH COURT held that since the view taken in POLAVARAPU NAGAMANI's case cannot  be held to be good law and since it is not acceptable - Though the order of injunction under Order XXXIX of Civil Procedure Code is only interim in nature, still it clothes the person who obtained the order with certain rights and he is entitled to enforce the aforesaid right against the party who is bound by the order. No doubt in such a case, the aggrieved party himself could approach the police authorities to prevent the obstruction to the enforcement of the order or to the exercise of the right which he derives under the order of Court.  But when the same person brings to the notice of the Court that the enforcement of the order is sought to be prevented or obstructed, the Court should exercise its inherent power under Section 151 CPC and direct the police authorities to render all aid to the aggrieved party in the implementation of the Court's order. - 2015 A.P. (2013) MSK LAW REPORTS

INTERIM INJUNCTION & POLICE AID LEGAL POSITION Section 94 CPC enjoins - “Supplemental proceedings. -In order to prevent the ends of justice from being defeated the Court may, if it is so prescribed,- (a) issue a warrant to arrest the defendant and bring him before the Court to show- cause why he should not give security for his appearance, and if he fails to comply with any order for security commit him…

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