Case law
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Division and case type: Environment and Land CourtELC Land Civil Suit
…Likewise, in volume 24 Halsbury’s Laws of England, 4th Edition paragraph 948, the learned authors state as follows: “A mandatory injunction can be granted on an interlocutory application as well as at the hearing, but, in…
…application.”…
Division and case type: Environment and Land CourtELC Land Civil Suit
…The said Interlocutory Application is dated 30th July 2024. The suit is opposed by the Defendants, and so was the said Interlocutory Application, which was canvassed by way of written submissions.…
…On 5th December 2024, the court delivered a Ruling in respect of the said Interlocutory Application, and granted temporary Orders of injunction to restrain the 3rd and 5th Defendants from disposing, and or encumbering the…
Division and case type: Environment and Land CourtELC Land Civil Suit
…Though the application is an interlocutory application, it seeks a variety of orders including final orders of eviction of the 1st and 2nd Defendants from the suit property, compensation for loss of use of the land and illegal…
…The above cited prayer cannot obviously be granted in an interlocutory application before the case is heard and the evidence tested through cross-examination. As Ringera J.…
Division and case type: Environment and Land CourtELC Land Appeal
…Indeed, issues in dispute herein cannot be determined through interlocutory Applications. Interlocutory Applications delay the hearing of the main suit, and clog the justice system.…
…However, the Court has noted that the parties herein have litigated this Appeal through various Interlocutory Applications at the expense of the main Appeal. …
Division and case type: Environment and Land CourtELC Land Appeal
…Indeed, issues in dispute herein cannot be determined through interlocutory Applications. Interlocutory Applications delay the hearing of the main suit, and clog the justice system.…
…However, the Court has noted that the parties herein have litigated this Appeal through various Interlocutory Applications at the expense of the main Appeal. …
Division and case type: Environment and Land CourtELC Land Miscellaneous Application
…The Applicants contend that the taxation arose out of an interlocutory application and the main suit is still pending determination.…
…In the instant case, there is no doubt that the taxation arose from an interlocutory application. The suit is still pending.…
Division and case type: Environment and Land CourtELC Land Originating Summons
…That there is no interlocutory application that has been filed by the plaintiff/applicant.…
…That the directions were issued on the understanding that there were two interlocutory applications which could be heard and disposed-off together.…
Division and case type: CivilCase number Civil Application
…applications in the matter which slowed the preparation for the intended appeal.…
…applications, the first on behalf of the applicant for a stay of execution and the second by the respondent in connection with the setting aside a consent order which was recorded by O’Connor, J. caused some delay.…
Division and case type: Environment and Land CourtELC Land Civil Suit
…application as well as at the hearing but in the absence of special circumstances, it will not normally be granted.…
…application”.…
Division and case type: Environment and Land CourtELC Land Civil Suit
…application to a Higher Court.…
…jurisprudential scan on the question of stay of proceedings, authoritatively laid out the principles our Courts have established for the grant of stay of proceedings pending the hearing and determination of an appeal over an interlocutory…
Division and case type: Environment and Land CourtELC Land Civil Suit
…HARO CHAND SACHDEVA, AIR 2003, Gupta, J. of the Delhi High Court observed as follows: “While Courts power to grant temporary mandatory injunction on interlocutory application cannot be disputed, but such temporary mandatory…
…If a mandatory injunction has to be granted at all on interlocutory application, it is granted only to restore status quo and not to establish a new state of things.”…
Division and case type: CivilCivil Appeal
…NO. 15 OF 1995) *********************** JUDGMENT OF THE COURT This is a second appeal on an interlocutory application.…
Division and case type: Environment and Land CourtELC Land Originating Summons
…The Respondent opposes both the Originating Summons and the interlocutory application. By his Notice of Preliminary Objection, he contends that the suit is barred by the doctrines of res judicata and sub judice.…
…An interlocutory application cannot survive where the substantive suit upon which it is founded is itself incompetent. In the end, this Court finds merit in the Respondent's Notice of Preliminary Objection.…
Division and case type: Environment and Land CourtELC Land Petition
…application”.…
…See the case of of Locabail International Finance Ltd vs Agro Export & Another (1986), ALI ER 901 the court held that; - “A mandatory injunction can be granted on an interlocutory application as well as at the hearing, but…
Division and case type: Environment and Land CourtELC Land Petition
…The objection by the 1st respondent raises issues which were either raised in the petitioners’ application for interlocutory reliefs or that ought to have been raised in that application.…
…Raising those issues as grounds for preliminary objection when they had been raised or ought to have been raised in the petitioners’ application for interlocutory application is a violation of section 7 of the Civil Procedure…
Division and case type: Environment and Land CourtELC Land Appeal
…Binod Mohan Prasad in Mulla The Code of Civil Procedure seventeenth edition, at pages 254 to 257, states that courts can in exceptional cases grant a mandatory injunction on an interlocutory application.…
…His possession was restored on an interlocutory application.…
Division and case type: Environment and Land CourtELC Land Civil Suit
…Application.…
…She relied on the case of Airland Tours & travel ltd vs NIC Bank HCCC No. 1234 of 2000, where the court held; “that in an Interlocutory application, the Court is not required to make any conclusive or definitive findings…
Division and case type: Environment and Land CourtELC Land Appeal
…The appeal before this court arises form an interlocutory application. Whichever way the appeal will go, the matter has to go back to the lower court for completion of whatever was pending before the court. As Mr.…
Division and case type: Environment and Land CourtELC Environment & Planning Civil Suit
…injunction application the Applicant has to satisfy the triple requirements to a, establishes his case only at a prima facie level, b, demonstrates irreparable injury if a temporary injunction is not granted and c, ally…
…HARO CHAND SACHDEVA, AIR 2003, Gupta, J. of the Delhi High Court observed as follows: “While Courts power to grant temporary mandatory injunction on interlocutory application cannot be disputed, but such temporary mandatory…
Division and case type: Environment and Land CourtCivil Suit
…It was argued that it was erroneous for the taxing master to tax items 3,4 & 5 on costs of interlocutory applications which were within a matter wherein instruction fees had been paid. Lastly.…
…As for items 3, 4 & 5 on applications, the Applicant argued that having been awarded instruction fees, the Respondents were not entitled to separate fees for interlocutory applications.…