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...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 153A, 505, 270, 109 -- Bail - Offence u/ss 153-A, 505, 270, 109 IPC - Petitioner with an intention to promote disharmony, hatredness and hostile to humanity uploaded messages on facebook - They are likely to cause panic amongst people when entire world is undergoing a traumatic situation due to..........
Civil Procedure Code, 1908, Section 115, Order 41, Rule 5 -- Stay of execution - Revision - Execution proceedings cannot be resisted in revision when main appeal before High Court is yet to be argued either on stay matter or in main appeal - Petitioner has remedy of appeal against appellate decree and judgment to press his application U.O.41.R.5 CPC, if any which decree is..........
Criminal Procedure Code, 1973, Section 482 -- Stay of arrest - Non-bailable warrants issued against accused - Anticipatory bail application of accused rejected - Same relief which was claimed by accused in his anticipatory bail application, has again been prayed in present application u/s 482 Cr.P.C - No ground for indulgence to be granted to accused - Application u/s 482..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Filing of criminal cases against husband by wife - Criminal cases were faced by husband because of his own conduct - Moreover, outcome of criminal case is not yet known - Husband failed to establish a serious charge of cruelty upon wife after living together for 26 years of their..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Mere filing of appeal cannot and does not term as stay of further proceedings...........
