Major daughter -- Nobody can compel her including her father to stay with him or to meet his father from time to time...........
Criminal Procedure Code, 1973, Section 389 -- Stay of conviction - Due to conviction appointment on compassionate ground refused - Once consequences of conviction are made known to Court, Court is entitled to stay conviction order - Conviction stayed till pendency of appeal against conviction...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Cruelty upon husband - Wife being a doctor serving in hospital, was required to stay beyond duty hours for attending emergency cases - This does not make out cruelty on part of wife towards husband, as contended by him...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Parties in both the suits are same - Both the suits have been filed seeking partition - Relief of declaration as sought in subsequent suit as to their right in ancestral property in question by plaintiffs is implicit in earlier suit - Subsequent suit held, stayed...........
Indian Penal Code, 1860, Section 302 -- Murder - Accused on previous night came to house of PW2 and since expressed his apprehension about danger to his life from other villagers and asked to stay in their house - On the next day PW1 knocked the door and accused did not open and threatened her stating that he had already killed deceased - Accused did not open the door even..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental disorder of wife - Wife suffering from schizophrenia as alleged by husband - However, husband failed to examine doctors to support his case - Medical documents produced on record do not indicate that wife was suffering from schizophrenia - Husband thus, miserably failed to prove that wife was suffering from..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Parties lived together only for 10 days in matrimonial home and 4 days in wife's home - Instances of cruelty by wife during stay of said 10 days at matrimonial home has not been established by husband - Husband even failed to substantiate to whom wife has caused cruelty - Ground of cruelty not..........
Representation of the Peoples Act, 1951, Section 8(3), 81(1) -- Election petition - Rejection of nomination - Imposition of punishment in two criminal cases - Petitioner disqualified u/s 8(3) of Representation of People Act, as punishment in two criminal cases imposed on him - Said disqualification will continue so long as there is no stay of conviction - Petitioner could..........
Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, Section 13(1)(k), 13(1)(e) -- Eviction petition - Compensation - Compensation cannot be based on valuation of building - After all, what was leased out was land, the construction on land if any made during subsistence of tenancy, was to belong to lessee - Compensation can accordingly be based only on value of..........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex parte decree - Setting aside by simultaneously filing application U.O.9.R.13 CPC and appeal u/s 96 CPC - Stay of appeal - Defendants filed application for stay of appeal after more than 2 years after filing appeal and application U.O.9.R.13 CPC - However, meanwhile plaintiff deposited balance amount of sale..........
