Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - Transferee Court has no power U.O.21.R.29 CPC, to stay execution of decree pending in its Court, where decree has not been passed by that Court...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - First suit filed for declaration before civil Court and subsequent suit for eviction filed under provisions of Maharashtra Rent Control Act - Jurisdiction of Courts dealing with both the suits is completely distinct and different - Reliefs prayed for in subsequent suit also stands on a different footing..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Decree for specific performance - Sale deed executed despite stay order on account of a material lapse on part of Ahlmad who furnished an incorrect report to the effect that there is no stay of judgment and decree in question - JD/defendant cannot be blamed for such incorrect information - Sale deed in..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife has reasonable grounds not to stay in company of husband - She has no independent source of income to maintain herself - Claim of wife for maintenance examined in context of standing and earning of parties and standard of living wife would have enjoyed in the company of her husband - Amount of monthly..........
Civil Procedure Code, 1908, Section 96 -- Appeal against preliminary decree passed in partition suit - Stay of appeal till disposal of probate proceedings - No material on record to suggest that final decree is prepared as yet - Only preliminary decree is challenged under appeal - There is thus, no justification for staying further proceedings of appeal indefinitely -..........
Constitution of India, 1950, Article 136 -- Special Leave Petition - Interim order - Supreme Court does not generally interfere in an interim order passed in an appeal u/art 136 of Constitution, but when after dismissal of writ petition, High Court passed an order of stay without recording any reason affecting revenue of State, Supreme Court cannot permit public interest..........
Delhi Rent Control Act, 1958, Section 14(1)(b) -- Eviction petition - Subletting - Seeking of damages for use and occupation charges - No direction can be issued to tenant to pay use and occupation charges for period that stay continued - Further, as possession has already been handed over no relief can be granted to landlord in this application...........
Constitution of India, 1950, Article 227, Punjab Rent Act, 1995, Section 24(3), 38(4), 38(5) -- Punjab Rent Act Sch.III - Rent and eviction - NRI landlord - Non-service of summons - Tenants filed present petition just to stall eviction proceedings by hook or crook and obtained interim stay for their dispossession without any lawful basis - As due compliance of Ss.38(4),..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution by Appellate Court - Mere filing of appeal does not operate as stay of execution - Appellate Court can grant stay of execution for sufficient cause and that if stay is not granted party will suffer substantial loss - Stay can be granted when application is filed without unreasonable delay and security is..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution by Appellate Court - Decree for declaration of title and recovery of possession - Dispossession during pendency of appeal of a party in possession is generally to be substantial loss to party applying for such stay - Application for stay of execution rightly allowed...........
