same law related thingy

1. DISCOVER . LEARN . EMPOWER
CONT_21LCT-263 :: INDIAN PENAL CODE-II AND
PREVENTION OF CORRUPTION ACT
Kidnapping and abduction: Sections 359 to 374
under IPC, 1860
Submitted To: Submitted
By:
(Dr ) Namah Dutta Ashutosh
Bagchi
21 BLL 1219
Section – B
UILS, Chandigarh University,
Gharuan, Punjab

2. INTRODUCTION
• Interlocutory is a legal term which essentially refers to an order, sentence,
decree, or judgment, given in an intermediate or transitional stage between the
beginning and end of a cause of action, used to give an impermanent or
temporary decision on an issue. Along these lines, an interlocutory order isn’t
final and isn’t liable to immediate appeal.
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3. Meaning :
• “Justice delayed is justice denied” is a legal maxim which states that if
some legal redress or equitable relief is available to an affected
individual/party, but is not forthcoming in a timely fashion, it is effectively
of the same nature as having no remedy at all.
• The Law aims at providing certain provisions and safety nets to solve the
perpetual struggle of lethargic litigation process and the continuous
running of time. Interlocutory Application is one such example of the
remedies provided by law for an interim relief to a person.
• The term “Interlocutory Application” has been defined under Black’s Law
Dictionary (9th Edition) as “A motion for equitable or legal relief sought
before a final decision.”
•
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4. What is the interlocutory application ?
• An interlocutory application meaning is an application which is moved in the
primary appeal. It is normally documented when you request some urgent relief
or to convey certain new facts to the learning of the court. In the event that the
supreme court order says ‘interlocutory application disposed of”, it implies that
you had documented an application looking for some relief, and in the wake of
hearing you on the application, the court has passed an order in your application.
• Interlocutory Petition mentioned in the Civil Rules of Practice, Rule 2 (j) states ”
application to the court for any suit, appeal or proceedings already instituted in
such court, other than a proceeding for execution of a decree or order.” It is
fascinating to take note of that “application” is characterized in Rule 2 (c) that
incorporates execution application, execution petition, and interlocutory
application, both written and oral.
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5. • The Code of Civil Procedure with its Rule 3(9) defines an Original Petition as
a petition by which procedures are founded in a court other than a suit or
appeal or proceeding in the execution of a decree or order.
This elucidates and clarifies the distinction between an original appeal to and
an Interlocutory order as
• The original appeal of is identified with the purpose of the start of a
dispute while the interlocutory request is recorded within the main appeal.
• The original petition establishes the procedures while the interlocutory
petition looks for interim relief.
• Interlocutory petitions can be named as a type of incidental procedures
dissimilar to original appeal to and are recorded to support the
principle/main petitions.
• Interlocutory petitions look for relief amid the pendency of the main
appeal to and can be discarded before the final judgment.
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6. Why Do You Need an Interlocutory Application?
• An interlocutory application is a request made by one party, asking the
relevant court to make orders to help with their case’s preparation or
procedure. Court proceedings rarely go smoothly, therefore, interlocutory
applications allow you to seek orders to help keep your case on track or
protect your rights in some way.
• Interlocutory Application stop parties from acting in an unfair or unethical
way. A party will often use them when they believe the other party has not
complied with its obligations under the court proceeding or timetable.
Such as providing all details of a claim when requested.
• Once you make the interlocutory application, the other side may consent
to the orders sought, and the court will make the orders. If they do not
consent, then you can hold an interlocutory hearing. This allows the court
to hear arguments from both sides before making a decision.
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7. Types of Interlocutory Applications
• Injunctive Relief
• Particulars
• Discovery
• Subpoenas
• Interrogatories
• Medical Examination
• Setting Aside a Default Judgment
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8. Steps to Make an Interlocutory Application
1. Complete an Application Form
2. Provide Evidence
3. File and Serve
4. Ex Parte Hearing
5. Interlocutory Hearing
6. Preparation and Hearing
7. Orders
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9. • LANDMARK CASES
1. S.V.Rao v. M.Appala Swamy
Held:
Order 39 Rule 1 of Code of Civil Procedure, 1908 provides express provisions stating that the court is
permitted to dispose of any Interlocutory Application by way of affidavit, and in view of the
urgency involved in the matter, the standard procedure of examining the witnesses is dispensed
with, and the court is given special powers to decide the matter upon the affidavits itself.
2.Union of India vs. Amrik Singh
Held:
Courts generally issue injunctions in an ongoing litigation where the right/relief sought to be
protected is clear and not where it is doubtful.
3. Nandan Pictures Ltd., vs. Art Pictures Ltd.
Held:
temporary injunction cannot be granted by the court to establish a new state of things/events,
differing from the state of things/events which existed on the date when such proceedings were
instituted before the Court.
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10. 4. Nawab Mir Barkat Ali Khan vs. Nawab Zulinquar Jahh Bahadur & Ors.
Held:
• The Division Bench of the Andhra Pradesh High Court on the aspect of granting, or refusing to
grant a temporary injunction to any party/person to suit held as follows: “It is well settled that the
grant or refusal of a temporary injunction is covered by three well established principles namely:
(1) Whether the petitioners have made out a prima facie case in the said matter, and
(2) Whether the balance of convenience is in their favour or not i.e., whether it could cause
greater inconvenience/injury to them if the injunction is not granted than the inconvenience
which the opposite party or persons claiming through the opposite party would be put to if the
temporary injunction is granted
(3) Whether the petitioners would suffer irreparable injury/damage with the first condition, as
sine qua non at least two of the conditions must be satisfied by the petitioner conjunctively and a
mere proof of one of the three conditions does not entitle the petitioners to obtain a temporary
injunction in their favour.”
(5) Puri vs. Puri
Held:
• The provisions of Order 39, Rule 3 under the Code are not mandatory but directory in nature, and
any non-compliance thereof, though a serious matter, does not invalidate the ex-parte injunction
given by the court.
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11. • Interlocutory Application Format:-
INTERLOCUTORY APPLICATION
BEFORE THE APPELLATE TRIBUNAL FOR ELECTRICITY
IA NO. ______OF 200
In
Appeal/Original Petition No. ________of 200 .
CAUSE TITLE
Set out the Appeal No. _________________of 200
Appeal / Petition short cause title
Set out the 1. Appeal No.____________200
Cause Title – Interlocutory Application
Petition for stay/direction/dispense with/condone delay/calling records
The applicant above-named state/s as follows :
1. Set out the relief (s)
2. Brief facts
3. The basis on which interim orders prayed for
4. The balance of convenience, if any :
(All interlocutory applications shall be supported by an affidavit sworn by the Applicant/on its behalf and attested by a Notary Public).
DECLARATION
The applicant above named hereby solemnly declare that nothing material has been concealed or suppressed and further declare that the enclosures and typed set of material papers relied upon and filed herewith are true copies of
the originals or fair reproduction of the originals or true translation thereof.
Verified at_________dated at _______this day __________of _______200 .
Counsel for Applicant Applicant
VERIFICATION
I __________________(Name of the applicant) S/o.W/o.D/o. (indicate any one, as the case may be ) ___________age ____________working as __________ in the office of _______________resident of _______________ do hereby
verify that the contents of the paras _____________to ___________are true to my personal knowledge / derived from official record ) and para _________ to _______are believed to be true on legal advice and that I have not
suppressed any material facts.
Date :
Place :
Signature of the Appellant/Petitioner or authorized officer
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13. Conclusion :
Interlocutory applications and hearings are an important part of court
proceedings. Above all, they allow the parties to correct any unjust
behaviour by the other party and keep the proceedings in line with
the court’s timetable. They can add significant time and expense to a
court proceeding. You should consider the potential for common
interlocutory applications when estimating your legal costs at the
start of a hearing.
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14. Reference :
• https://legodesk.com/legopedia/interlocutory-application-format-
in-india/
• https://legalvision.com.au/what-is-an-interlocutory-application/
• https://www.lawinsider.in/columns/what-is-an-interlocutory-
application
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15. THANK YOU