Rent and Eviction -- Finality of a judicial decision - Judicial decision attains finality if immediate next superior forum is not approached by the party suffering the decree/order of the Court seized of the lis - However, finality of a judicial decision would have no applicability in a situation where a party, despite owing money (unpaid rent, here) to his adversary in..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Medical expenses - High Court has taken the basis of actual bills while awarding medical expenses to appellant, overlooking that appellant would have incurred miscellaneous amounts towards medical treatment during his 22 days stay in hospital over and above actual bills in the nature of out of pocket..........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Pendency of an application U.O.9.R.13 CPC does not by itself operate as a stay of execution of decree - Unless executing Court or appellate/revisional Court specifically stays execution proceedings, DH is entitled to pursue execution of decree...........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - When operation of specific orders directing furnishing of bank guarantee and issuing conditional warrants of arrest were passed, there was no blanket stay granted on continuation of execution proceedings - Executing Court, therefore, was fully competent to proceed further with execution and to issue..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay application - Once an application for stay U.O.39.Rr.1,2 CPC is filed along with appeal, it is incumbent upon Appellate Court to decide the same expeditiously, particularly where allegations of interference and breach of peace are raised...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay application - Application pending before First Appellate Court since 2019, yet no decision has been rendered till date - Appeal has been adjourned from time to time merely on the ground that arguments are not being addressed, resulting in undue delay and prejudice to petitioners - Inaction of appellate Court for such..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Husband failed to pay interim maintenance - Mere filing of an appeal or revision does not in itself operate as a stay or justify deferment of maintenance payable to wife and children...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Object of S.10 CPC is to prevent Courts of concurrent jurisdiction from simultaneously trying two parallel suits in respect of same matter in issue - S.10 CPC empowers Court to stay proceeding in subsequent suit if it was necessary to avoid two parallel trials and conflicting findings on same issue, which..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Former suit is protection against eviction while subsequent suit is for declaration of title - Provisions in S.10 CPC not applicable...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - O.21.R.29 CPC confers a limited power which is discretionary and intended to prevent multiplicity where same parties are litigating in two proceedings - It cannot be used by JDs to stall execution of a decree already affirmed in appeal and second appeal - If JDs believe that they have an..........
