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..., recommended by the petitioner, ought to be entrusted to the Zilla Parishad.4. It appears that the final relief and interim relief claimed in the writ pe...petitioner submits that the schemes recommended by the petitioner have been targeted by the district magistrate for execution by unauthorised agencies and that execution in terms of the schemes...relief claimed by the petitioner by passing an interim order, without inviting counter affidavits to the writ petition, would not be proper. However, it goes without saying that once funds have been...
...Notice of Motion by observing that granting of relief by way of injunction would tantamount to decreeing the suit, as the final relief and the interim relief ...through contract so as to deprive the plaintiffs of their legitimate rights. It is submitted that sometimes in an appropriate case interim relief can be granted which can be the main relief and th...basis. It is submitted that, therefore, in the facts and circumstance of the case, when the final relief and the interim relief are the ...
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...Keshava Kumar B., learned counsel for the respondents, we do not find any need for interference in respect of the interim order of the Company Law Board.8. Moreover, when the prayer for ...which warrants interference or examination in respect of a final order of the forum.7. In the present case, having heard Sri S. Vivekananda, learned counsel for the appellant and Sri...the examination of the prayer for interim relief is as good as an entire examination of the merits of the case.9...
...officials and the counsel for the Society but at the same time directed the prayer for interim relief to be rejected. Feeling aggrieved therewith this appeal by special leave has been filed...cause dilemma and put the wits of any judge to test.12. Situations emerge where the granting of an interim relief would tantamount to granting the final relief itself. And then...interim relief though it amounts to granting the final relief itself. Of course, such would be rare and exceptional cases. The court would grant such an interim relief only if satisfied that...
...No. T-4/144/SDE/(AKB)/B/2002 dated 31-5-2002 issued by Appellant 1 and prayed that the same may be quashed and set aside, for allegedly being illegal, null and void. A prayer for interim relief was...but also granted interim relief which was in effect allowing the writ petition even before it was heard on merits. The final relief sought for itself, in substance, was granted by the interim order....”3. According to the appellants, the writ petition is thoroughly misconceived as it challenges a show-cause notice and in any event the final relief as sought for by Respondent 1-writ peti...
...respect to the same matter would be a matter incidental thereto under Section 10(4) and need not be specifically referred in terms to the tribunal. Thus interim relief where it is admissible can be granted...should proceed in the matter if it decides to grant interim relief. The definition of the word “award” shows that it can be either an interim or final determination either of the whole of the dispute...alleged technical defect in the order of the Industrial Tribunal. We have the power to grant interim relief in the same manner as the Industrial Tribunal could do and our order need not be sent to...
...seen that in this case, both the interim relief and the final relief are almost the same, and, therefore, there is no point in granting only ..., coordinate Bench of this Tribunal has also allowed OA No.3586/2012 G.S. Nagar and another vs. Union of India and others on 25.10.2012. The operative part of the said Order reads as under:- 3. It is...applicant will also have the liberty to challenge the same, if so advised. No costs. Order Dasti. 2. The contention of the review applicants is that, relying on the Order in OA No...
...to grant relief including interim relief should vest in one and the same forum. Single cause of action cannot be split and divided for getting the interim and final relief in two differen...Court. Right to get interim relief is ancillary to the main relief and therefore should vest in one and the same forum. Splitting of the cause of action for getting the relief interim and the ...the view that final relief could not be given at the interim stage. In case the order of suspension or termination or dismissal or removal is stayed at the interim stage, it amounts to allowing the...
...26 and 27 of the OA, and have been waiting thereafter for the Respondents to conduct the JAO Part-II examination. 3. It is seen that in this case, both the interim ...pointed out that they had already qualified the JAO Part-I examination held in the year 1990 and 1992 respectively, in the case of applicant Nos.1 and 2, as it apparent from order dated 05.09.2011 pages..., therefore, there is no point in granting only interim relief to the applicants, and that in the light of the D.B. judgment of the Chandigarh Bench as reproduced...
...)“The next question is as to how the tribunal should proceed in the matter if it decides to grant interim relief. The definition of the word ‘award’ shows that it can be either an...interim or final determination either of the whole of the dispute referred to the tribunal or of any question relating thereto. Thus it is open to the tribunal to give an award about the entire dispute...are however not in the nature of interim relief for they decide the industrial dispute or some question relating thereto. Interim relief, on the other hand, is granted under the power conferred on the...
...interim relief can be granted only in aid of, and as ancillary to, the main relief which may be available to the party on final determination of his rights in a suit or proceeding...opinion that is not within the scope of article 226. An interim relief can be granted only in aid of and as ancil- lary to the main relief which may be available to the party on final determination of...SC1272 (10)
ACT:
Constitution of India, Art. 226--Writs granting more interim relief pending institution of civil suit without deciding rights of parties...
...purpose of securing the interim order is achieved (particularly where the interim order granted is the same as the final relief prayed), he makes an innocuous submission to the court that he does not...hearing, gets away with undeserved relief secured by way of an interim order.6. Any attempt by a litigant to retain the benefit of the interim order by avoiding final...the interim order as a final relief, or agree that the benefit of the interim order already granted need not be disturbed, in which event, the court should record such submission and pass appropriate...
.../withdrawn-effect on interim relief:15. No litigant can derive any benefit from the mere pendency of a case in a Court of Law, as the interim order always merges into the final...cannot be used for the purpose of giving interim relief as the only and the final relief to any litigant. If the Court comes to the conclusion that the matter requires adjudication by some other...were aggrieved of the order passed by the Co-operative Court rejecting their application of interim relief, they could have approached the appropriate forum challenging the same, rather they have...
...the balance in favour of the applicant, may persuade the Court even to grant an interim relief though it may amount to granting the final relief itself. The Court held as under...Dr. B.S Chauhan, J.— Leave granted. This appeal has been filed against the order of the Bombay High Court dated 5-2-2008 rejecting the application for interim relief while...petition but rejected the application for interim relief. Hence, this appeal.8. Shri Dushyant Dave, learned Senior Counsel appearing for the appellant has submitted that the...
...contravention of the provisions of Section 33 of the Act; he therefore prayed for necessary relief. On April 18, 1957, an interim order was passed by the Tribunal on this application by which as a...measure of interim relief, the appellant mills were ordered to permit the respondent to work with effect from April 19 and the respondent was directed to report for duty. It was also ordered that if the...9, 1957, was dismissed as defective and therefore the interim order of April 18 also came to an end. On the same day (namely, May 6, 1957), the respondent made another application under Section 33-A...
...petition specifically the learned counsel appearing for the respondent no.2 has pointed out that the interim relief prayed for in the application for interim relief and ...of same relief would amount to final disposal of the Suit itself before the learned trial court.
7. Learned Senior Advocate has pointed out that this Court had...the dead end of Jopling road being residential where even on account of population density no further multi-storied building could be accommodated. No interim relief was granted by the Division Bench...
...final relief itself without an adjudication on the point in controversy on which the grant of that relief depends. In these circumstances, granting of the final relief in the form of interim ...that relief to which the writ petitioner is found to be entitled may be granted at the time of decision of the writ petition. No such interim order of the kind which has been made is called for...Order1. Leave granted.2. This appeal is against an interim order by which the writ petitioner Visheshwar (respondent herein) has been directed to be...
...Order 39, Rule 1 of Civil Procedure Code being fact that from the relief sought in the plaint it is clear that petitioners' relief ...petition, is quashing of the orders passed by the courts below i.e regarding refusal of injunction order. From perusal of plaint filed before the Court, it is clear that final relief and ...way of interim injunction. There may be a case that if the plaintiff-petitioners are able to show that a final relief to that extent can be granted. From perusal of relief sought in the present writ...
...accordingly direct that all employees of the aforesaid public sector undertakings drawing a basic pay of Rs 1000 or less will be entitled to interim relief on the same basis and scale as the other...A.P Sen, J.— This order will govern the partial disposal of the applications for grant of interim relief to employees of the public sector undertakings who are before us and...justification for refusing the prayer for grant of interim relief as respects employees of these public sector undertakings drawing a basic pay of Rs 1000 or less. This would be in consonance with and...