Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Plaintiff and defendant both are co-defendants in earlier suit - Present suit not liable to be stayed as provision of S.10 CPC is not attracted...........
Indian Penal Code, 1860, Section 376(2)(n), 506 -- Rape - On the pretext of marriage - There was no promise to marry initially when relations between parties started in the year 2017 - Even on the dates when prosecutrix alleges that parties had physical relations she was already married - Prosecutrix was mature and intelligent enough to understand the consequences of moral..........
Civil Procedure Code, 1908, Order 21, Rule 26, 29 -- Stay of execution - Ex parte decree - Petitioners already filed a miscellaneous case U.O.9.R.13 CPC for setting aside ex parte decree - O.21.R.26 CPC not applicable - Moreover, no suit is pending between parties except said miscellaneous case - Petitioner had also not shown sufficient cause to stay execution case as such..........
Criminal Procedure Code, 1973, Section 482 -- Stay granted by High Court in an application u/s 482 Cr.P.C. - Interim order will operate till such time the High Court vacates/varies the said order...........
Stay of proceedings -- Civil & Criminal Cases - There can be no automatic vacation of stay after expiry of a particular period until and unless an application to that effect has been filed by the other side and is decided following the principles of natural justice by a speaking order...........
Stay of proceedings -- Vacation of stay - Civil & Criminal Cases - There cannot be automatic vacation of stay granted by High Court - Direction that all the interim orders of stay of proceedings passed by every High Court automatically expire only by reason of lapse of time cannot be issued in the exercise of jurisdiction of Supreme Court u/art 142 of Constitution...........
Stay of proceedings -- Vacation of stay - Civil & Criminal Cases - Interim order passed after hearing the contesting parties cannot be vacated by High Court without giving sufficient opportunity of being heard to the party whose prayer for interim relief has been granted...........
Stay of proceedings -- Vacation of stay - Civil & Criminal Cases - Even if interim relief is granted after hearing both the parties even then aggrieved party is not precluded from applying for vacating the same on the available grounds...........
Ad interim Order and interim order -- Difference - Civil & Criminal Cases - When stay of proceedings is granted without giving an opportunity of hearing to the contesting parties then it is an ad-interim order of stay - It can be converted into an interim order of stay only after an opportunity of being heard is granted to the contesting parties...........
Interim relief -- Civil & Criminal Cases - Interim relief can be vacated or modified, after hearing the parties, on the grounds viz. (a) That after getting an order of stay a party prolongs the proceedings on unwarranted grounds; (b) If interim relief is granted as a result of either suppression of misrepresentation of material facts; (c) if there is material change in..........
