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...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution of interim order of injunction - Execution proceedings relate to interim order passed by Court in same suit - O.21.R.29 CPC does not contemplate a situation where execution proceedings in Court relate to an interim order passed by Court in same suit - Application U.O.21.R.29 CPC is not maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution of interim order of injunction - If execution of interim order of injunction is stayed U.O.21.R.29 CPC, it would have effect of nullifying interim order itself, as interim order operate only till disposal of suit - Application U.O.21.R.29 is not maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - Stay granted merely to ensure appearance of DH before Appellate Court - Not a ground for stay of execution proceedings...........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution proceeding - Any stay granted U.O.21.R.26 CPC is not permanent rather same is for a reasonable period...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - For applicability of provision of O.21.R.29 CPC, two conditions are to be met: (i) a proceeding in execution of decree of that Court has started at the instance of DH against JD and (ii) suit at the instance of same JD is pending against holder of decree of that Court...........
