Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Petitioner alleged that he entered into an unregistered agreement of sale with some third parties along with plaintiff in respect of suit property that too in violation of stay order granted against plaintiff in a pending appeal - He thus, has no vested interest in appeal scheduled property in appeal..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Petitioners have not raised any serious objection in terms of S.47 CPC - Only objection raised was that Court ought not to proceed with ordering JD to execute sale deed in view of pendency of first appeal - Even, no stay sought from appellate Court - Executing Court itself would not refuse to proceed with..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Parties have been living separately since 2011 i.e more than 12 years - There is no chance of their re-union - Wife contended that husband illegally married another woman during pendency of appeal - However, husband did not agree for the same - Failure to untie marital knot would only..........
Criminal Procedure Code, 1973, Section 482 -- Stay of investigation - If the allegations made in the FIR or complaint prima facie do not constitute any offence against accused or if proceedings are found to be manifestly mala fide or malicious instituted with ulterior motive etc., investigation cannot be stayed by High Court, particularly when investigations were at a very..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 24 -- Property of senior citizen - Eviction of son - Mother was residing in suit property after demise of her husband - No material on record that mother has any other independent premises where she can otherwise stay - Son entered the premises visiting mother and later on refused to remove himself..........
Contempt of Courts Act, 1971, Section 2(b) -- Civil contempt - Violation of status quo order - Vacating of stay order in appeal by High Court in exercise of contempt jurisdiction did not assume either a restitutive or a remedying character - Therefore, vacation of stay order did not have effect of restoring the parties to their original position or deny contemnor the..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution of decree - O.21.R.29 CPC can be applied only if Court is convinced that it is conducive in the interest of both the parties to stay execution of decree...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution of decree - Petitioner who embarks on the provision should establish that there exists fairly arguable questions to be decided in the pending suit...........
Civil Procedure Code, 1908, Section 10, 151, Order 4A -- (As in UP) - Stay of subsequent suit - Earlier suit is one for declaration and subsequent suit is for partition - Both the suits are pending in the same Court - Continuance of subsequent suit is contingent upon findings of prior suit - To avoid conflicting findings when there are identical issues in both the suits..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section -- Direction to Senior citizen to stay with her sister - Son of senior citizen accepts the earlier order of Tribunal and he take care of his mother - He contended that direction issued to senior citizen ought not to have been issued without a proper enquiry, particularly as to condition of senior..........
