<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>1982 (4) TMI 294 - GAUHATI HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=199249</link>
    <description>Revision under Section 115 CPC was treated as maintainable because the impugned injunction order was regarded as one made under Section 151, not a regular Order 39 Rules 1 and 2 order against which an appeal would lie. However, Section 151 could not be used to grant ex parte interim injunction in the face of Section 80(2) CPC, which mandates its own procedure and requires a reasonable opportunity to show cause before urgent relief is granted against the Government or a public officer. An order made by bypassing that mandatory scheme was held to be without jurisdiction, and the injunction was set aside.</description>
    <language>en-us</language>
    <pubDate>Fri, 16 Apr 1982 00:00:00 +0530</pubDate>
    <lastBuildDate>Fri, 23 Feb 2018 17:38:13 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=510216" rel="self" type="application/rss+xml"/>
    <item>
      <title>1982 (4) TMI 294 - GAUHATI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=199249</link>
      <description>Revision under Section 115 CPC was treated as maintainable because the impugned injunction order was regarded as one made under Section 151, not a regular Order 39 Rules 1 and 2 order against which an appeal would lie. However, Section 151 could not be used to grant ex parte interim injunction in the face of Section 80(2) CPC, which mandates its own procedure and requires a reasonable opportunity to show cause before urgent relief is granted against the Government or a public officer. An order made by bypassing that mandatory scheme was held to be without jurisdiction, and the injunction was set aside.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Fri, 16 Apr 1982 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=199249</guid>
    </item>
  </channel>
</rss>