Absence of Co-Owner doesnt prejudice the case of other co-owners to sue

In Smt. Kanta Goel v. B.P Pathak, AIR 1977 SC 1599 their Lordships, whilst reiterating the view in Sri Ram Pasricha v. Jagannath, AIR 1976 SC 2335, observed that the law had been put beyond all doubt that the absence of one of the other co-owners on the record does not in the least disentitle the plaintiff co-owner from suing and succeeding in the proceeding for the eviction of a tenant. 

Inherent jurisdiction and Or 39

Manohar Lal Chopra v. Rai Bahadur Rao Raja Seth Hiralal [AIR 1962 SC 527] held that the civil court has a power to grant interim injunction in exercise of its inherent jurisdiction even if the case does not fall within the ambit of provisions of Order 39, Code of Civil Procedure.

Inherent Right of Procedural Review

AIR 1999 Cal 29  Ratanlal Nahata v. Nandita Bose

Every court has inherent right of procedural review, for substantive review power is required

Interim Protection while withdrawing / dismissing appeal

G.E. Power Controls India v. S. Lakshmipathy [(2005) 11 SCC 509 : 2006 SCC (L&S) 392] .)

Ajay Mohan v. H.N. Rai, (2008) 2 SCC 507

 

Ordinarily, a court, while allowing a party to withdraw an appeal, could not have granted a further relief.

 

 

Hotel Queen Road (P) Ltd. v. Ram Parshotam Mittal, (2014) 13 SCC 646 : (2014) 5 SCC (Civ) 747 : 2013 SCC OnLine SC 624 at page 650

16. In view of the aforestated judgments, it is very clear that if a petition is not maintainable and is ultimately withdrawn, the court should not continue interim relief for a period beyond withdrawal of the writ petition. However, the aforestated observation would not apply to a case where the matter is heard on merits and after considering the facts of the case the court permits withdrawal of the case. In such a case, the court is at liberty to extend the interim relief or can grant interim relief for a limited period after recording reasons for the same.

 

Interim relief can only be in aid and as ancillary to main relief

In the case of State of Orissa v. Madan Gopal Rungta, A.I.R. 1952 S.C. 12, the Constitution Bench of the Supreme Court clearly spelt out contours within which the interim relief can be granted. The Court said that:

“an interim can be granted only in the 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 proceedings. If this be the purpose to achieve which power to grant temporary relief is conferred, it is inconceivable that where the final relief cannot be granted in the terms sought for because the statute bars granting of such a relief ipso factothe temporary relief of the same nature cannot be granted.”

 

Order passed without jurisdiction can be challenged even after the period of limitation

Singham Chetty v. State of T.N., 2001 (5) SCC 700

Interim Bail to be considered on the same day

 Sukhwant Singh v. State of Punjab, (2009) 7 SCC 559 at page 560

3. When a person applies for regular bail then the court concerned ordinarily lists that application after a few days so that it can look into the case diary which has to be obtained from the police authorities and in the meantime the applicant has to go to jail. Even if the applicant is released on bail thereafter, his reputation may be tarnished irreparably in society. The reputation of a person is his valuable asset, and is a facet of his right under Article 21 of the Constitution vide Deepak Bajaj v. State of Maharashtra [(2008) 16 SCC 14 : JT (2008) 11 SC 609] . Hence, we are of the opinion that in the power to grant bail there is inherent power in the court concerned to grant interim bail to a person pending final disposal of the bail application. Of course, it is in the discretion of the court concerned to grant interim bail or not but the power is certainly there.

 

4. In the present case, if the petitioners surrender before the court concerned and makes a prayer for grant of interim bail pending final disposal of the bail application, the same shall be considered and decided on the same day.