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..........
Criminal Procedure Code, 1973, Section 41A -- Summons u/s 41-A Cr.P.C - Proceeding to quash FIR pending before High Court - Court vide impugned order directed petitioner to appear before I.O if a fresh notice is issued u/s 41-A Cr.P.C - Since lock down restrictions have been imposed in the State, petitioner not required at this stage to comply with summons u/s 41-A Cr.P.C..........
Stay of proceedings -- Civil or criminal proceedings - Stay granted by any Court including High Court automatically expires within a period of six months unless extension is granted for good reason...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - It is trial and not institution of subsequent suit which is barred...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - For determining whether matter in issue in subsequent suit is directly and substantially in issue in the previously instituted suit, absolute identity of parties in both the suits is not a consideration - Mere fact that petitioner is not a party to the previously instituted suit does not exclude..........
Hindu Minority and Guardianship Act, 1956, Section 6(a), 13 -- Custody of child - Claimed by grandmother - Father of child died - Mother re-married - However, no positive assertion of any fact or circumstance to indicate that mother is disentitled to custody - Minor is 9 years old girl and she wants to stay with her mother - Even, minor referred second husband of mother as..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Wife living separate - Reason stated by wife as to ill treatment by husband - Wife justified to refuse to accept offer of husband to stay together - Maintenance rightly awarded to wife...........
