Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - Law as to: (a) O.21.R.29 CPC is applicable only if suit and execution proceedings are pending before same Court and not before two different Courts which are not of co-ordinate jurisdiction; (b) Provision of O.21.R.29 CPC will not apply if suit is instituted subsequent to institution of..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Transfer of property by father in favour of his son - Son used to stay in a separate house of his own even after execution of deed of transfer regarding suit property - Senior citizens are retired government servants and they enjoying pensionary benefits and also getting good co-operation from..........
Criminal Procedure Code, 1973, Section 125, 128, Family Courts Act, 1984, Section 18 -- Maintenance order - Enforcement - Petition to execute an order granting maintenance allowance can be filed before Court which passed it and order can be enforced by any Family Court within whose jurisdiction respondent is or whereto, he had shifted `his stay' on account of his change of..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Disobedience of interim stay order - Application U.O.39.R.2-A CPC filed during pendency of suit - Suit decreed - Application deserves to be decided on merits and cannot be disposed of as having become infructuous...........
Service -- Order of reinstatement - Interim order/stay of order of reinstatement - Ultimately order of reinstatement attained finality - Employee is entitled to full wages with all emoluments from the date of order of reinstatement to the date of actual reinstatement...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Original suit filed by defendant for permanent injunction whereas plaintiff filed SCC suit - Jurisdiction of both the suits are quite different - No evidence to establish that Court in which original suit is pending is also competent to try SSC suit - Proceeding of Small Cause Courts is summary in nature -..........
Rent and Eviction -- Stay of eviction decree - Determination of compensation/mesne profit - Compensation determined on the basis of purchase price of property - Held, not proper - Compensation/mesne profit has to be determined at the rate at which landlord would have been able to let out the premises and earn rent if tenant had vacated the premises - Impugned order set..........
Contempt of Courts Act, 1971, Section 2(b) -- Contempt of Court - Non compliance of directions of Supreme Court - Stay application pending in review petition - Not a ground for non compliance of the directions - Notice issued to respondent...........
Contempt of Courts Act, 1971, Section 16 -- Contempt of Court - Suo motu initiation of contempt proceedings - Pronouncing of final judgment by Court of CJM stayed by High Court on 13.02.2015 - Accused convicted on 18.02.2015 - Order passed by High Court on 13.02.2015 conveyed by email to District and Sessions Judge on 19.02.2015 and by ordinary post which reached Sessions..........
Civil Procedure Code, 1908, Order 21, Rule 29, Civil Procedure Code, 1908, Order 9, Rule 13 -- Stay of execution proceedings pending decision of application filed U.O.9.R.13 CPC - Stay application be heard and decided on merits prior to execution of warrants of possession so that defendant is able to prima facie put forth his case before being dispossessed in execution of..........
