Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of a judgment and decree during pendency of appeal - An order which restraint dis-possession cannot, ordinarily, be stayed at an interlocutory stage in appeal...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of judgment and decree during pendency of appeal - Stay of a judgment or decree is a concept unknown to law - What can be stayed is the operation or execution of a judgment or decree...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - If husband expects wife to stay at a place other than his company without any sufficient cause, it cannot be stated that because of resistance by wife to stay apart it would be a cruelty by wife - Divorce petition rightly dismissed...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Where two suits are pending before Courts of two separate jurisdiction relating to two separate cause of actions, where subject matter also relates to two separate type of properties merely because one issue regarding Will is common and would have the material bearing, would not attract provisions of S.10..........
Criminal Procedure Code, 1973, Section 482 -- Investigation - Stay - Grant of any stay of investigation and/or any interim relief while exercising powers u/s 482 Cr.P.C. would be only in the rarest of rare case...........
Criminal Procedure Code, 1973, Section 438, Protection of Children from Sexual Offences Act, 2012, Section 7, 8, 9, 10, 11(i), 12 -- Anticipatory bail - Sexual assault - Accused is maternal uncle of victim - No criminal antecedents against accused - Victim stated that there were others in the house on the date of incident and victim and complainant continued to stay in the..........
Indian Penal Code, 1860, Section 366, 376(2)(g) -- Kidnapping and rape - Sole testimony of prosecutrix - Incident occurred when prosecutrix and her husband were in fields to cut grass - However, husband of prosecutrix has not extended any substantial support to version of prosecution - Prosecutrix stated that she remained silent during the incident because she was..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit for permanent injunction and declaration was filed - Subsequent suit for eviction and arrears of rent has no connection with earlier suit - Both the suits are not interlinked in any manner - Application rightly rejected...........
Hindu Marriage Act, 1955, Section 13 -- Divorce petition - Stay of petition on the ground of pendency of criminal case u/s 498-A IPC - Cruelty under Hindu Marriage Act has a different meaning altogether than that concept of cruelty as envisaged in IPC - Even the Act complaint of, in the criminal proceedings may not constitute cruelty within the meaning of S.498-A IPC but..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction order - Non-payment of arrears of rent - Tenant directed to pay arrears of rent on or before next date of hearing but tenant instead of doing needful in terms of order himself chose to file appeal before appellate authority wherein, admittedly no stay ever came to be granted against said order - No..........
