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..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Provision of S.10 CPC is applicable to suits only...........
Civil Procedure Code, 1908, Section 10 -- Stay of eviction petition - Petitioners moved application u/s 10 CPC in an eviction petition - Eviction petition before Rent Controller is not a suit, provisions of S.10 CPC not applicable to eviction petition - Application rightly dismissed...........
Custody of child -- Claimed by mother - Writ of Habeas Corpus - Younger child was with mother and corpus who was elder child is with father - Child is happy with his father and has keen interest in study - He has no complaints with his father and wishes that his parents and his younger brother stay together - Child appears to be in healthy condition and does not appear to..........
Civil Procedure Code, 1908, Order 21, Rule 64, 66 -- Execution - Auction sale - Attachment of property - JD cannot stall execution of money decree on the ground that he filed petition to set aside ex-parte decree unless stay of execution is obtained - Order of sale and attachment of suit property held, Proper...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of judgment or decree during pendency of appeal - Where judgment or decree injuncts either of parties before Court from performing any particular act, ordinarily, no stay of such an order can be sought as it would amount to placing the clock back and restoring status quo ante...........
