Consumer Protection Act, 1986, Section 51 -- Second Proviso - Appeal to National Commission - Deposit of 50 per cent of amount for entertaining appeal by National Commission - This does not take away the jurisdiction of National Commission to order deposit of entire amount and or any amount higher than 50 percent of the amount while considering the stay application to stay..........
Hindu Marriage Act, 1955, Section 28, 13(1)(ia) -- Decree of divorce - Remarriage by husband after expiry of statutory period for filing appeal but during pendency of appeal - Appellant did not take steps for service of notice upon husband within time, as a result of which he was not aware of the stay order - Husband remarried being unaware of pendency of appeal and stay..........
Evidence Act, 1872, Section 154, Indian Penal Code, 1860, Section 302, 149, 323, 324, 201, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(3)(10) -- Hostile eye witness - Triple murder case - Honour killing - Unlawful assembly - Evidence of PW1 was initially recorded and she narrated sequence of events and involvement of accused in the..........
Evidence Act, 1872, Section 154, Indian Penal Code, 1860, Section 302, 149, 323, 324, 201, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(3)(10) -- Hostile eye witness - Triple murder case - Honour killing - Unlawful assembly - Evidence of PW1 was initially recorded and she narrated sequence of events and involvement of accused in the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay order - Single judge while granting stay order neither discussed existence of a prima facie case in favour of petitioner, nor discussed balance of convenience, nor discussed irreparable loss that would be caused to petitioner in case stay was not granted by Court - Impugned order is a non-speaking order - Impugned..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Scope - Provision of O.41.R.5 CPC provides for only stay of proceedings under a decree or stay of execution of decree - Provision does not empower appellate Court to stay operation of judgment...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Court while rejecting application u/s 10 CPC has not ascertained as to whether final decision to be reached in previously instituted suit would operate res judicata in subsequent suit - More so, conditions underlying S.10 CPC requiring strict adherence even not considered by Court below - Impugned order of..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Clear averments about abusive and aggressive behaviour by husband on numerous occasions and misdemeanor in front of family members - Even, in US during short stay with husband, wife allegedly had to put up with misbehavior from husband - Infact, wife was constrained to seek police help..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 23 -- Domestic violence - Monetary relief - It is totally husband's discretion as to where he wants to live and earn - However, when husband is liable to maintain his wife, he has to part with portions of his income regardless of purchasing power of any currency and regardless of where his wife chooses to..........
Civil Procedure Code, 1908, Section 10, 151 -- Stay of subsequent suit - Two suits virtually going to lead to the same very conclusion and thus leading to passing of contradictory and self defeating judgment/decrees which might also render reliefs in two suits to be unimplementable - It would sub serve the ends of justice if both the suits are clubbed together and disposed..........
