Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by husband - Parties are residing separately since 1991 i.e only one day after the marriage - Wife lodged criminal complaints/FIRs against husband in which he and his family members were acquitted - Efforts to resolve dispute through process of mediation already failed between parties - There appears no chance that..........
Civil Procedure Code, 1908, Section 10, 151 -- Stay of subsequent suit - Earlier suit qua the subject matter of present suit pending consideration in second appeal - Appeal is continuation of suit - It can be safely held that lis in between the parties qua the same subject matter is sub judice before a competent court - Undeniably there is possibility of conflicting..........
Service -- Back wages - Petitioner claiming back wages for period subsequent to order of reinstatement when he remained out of employment in view of order of stay granted by appellate Court - On dismissal of appeal of management and stay being vacated, order of setting aside termination and ordering reinstatement came to be confirmed - Therefore, as a natural consequence,..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) -- Lapse of acquisition of land - Landowners contended that possession of land is with them and no compensation has been paid - High Court granted stay restraining authority from taking coercive action in respect of land in question - Period during..........
Civil Procedure Code, 1908, Section 10 -- Object - Not only to avoid multiplicity of proceedings but to avoid vexatious prosecution of a litigant while unnecessarily participating in the proceedings which was already concluded by the earlier judgment - Possibility of judgment in previous suit acting as res judicata in later suit cannot be ruled out - Stay granted...........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) -- Acquisition of land - Lapse of proceedings - Land owners having the benefit of interim orders of stay of acquisition proceedings granted in their favour in proceedings initiated by them against acquisition, cannot take benefit u/s 24(2) of the Act...........
Civil Procedure Code, 1908, Section 10, 151 -- Stay of suit - Cases which do not strictly fall within purview of S.10 CPC, further proceedings of the suit can be stayed in exercise of power u/s 151 CPC - It is only further proceedings of subsequent suit which can be stayed and not proceedings of former suit...........
Civil Procedure Code, 1908, Section 10 -- Stay of suit - Determination in both the suits different - Though land in both the suit is same but cause of action for institution of both the suits and parties therein are different - Application seeking stay of further proceedings of previous suit, rightly dismissed...........
Sale deed -- Execution of - Title of executant of a party to a registered sale-deed does not come under cloud by virtue of a stay order...........
Criminal Procedure Code, 1973, Section 389 -- Stay of conviction - Offence u/s 498-A IPC - Accused is offering reasonable compensation to his wife although valid divorce has taken place between them - Sentence awarded is of 1 year's S.I u/s 498-A IPC - Offence is of private nature and offence does not attract colour of moral turpitude nor has any bearing upon his..........
