Civil Procedure Code, 1908, Order 21, Rule 26, Civil Procedure Code, 1908, Order 9, Rule 13 -- Stay of execution during pendency of application U.O.9.R.13 CPC - Application for stay of execution has to be filed before Court where application U.O.9.R.13 CPC for adjudication, is pending...........
Civil Procedure Code, 1908, Order 41, Rule 6 -- Stay of execution - Petitioner filed appeal during pendency of execution of judgment and decree - However, property of petitioner is attached which amounts to security in execution - Once property of petitioner is attached, he cannot alienate or sell the same - Further on the day of dismissal of application U.O.41.R.6 CPC,..........
Live-in-relationship -- Girl who is major is free to live with married man with whom she had eloped - There is no law that prevents her from living along with said person - Since she declined to stay with her parents, police is requested to release girl/corpus after taking an undertaking from her that she is going to live with person of her choice and also take an..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Stay of matrimonial proceedings - Mere staying proceedings of matrimonial case by Court will not amount that matrimonial proceedings came to an end, absolving petitioner of his liability to pay maintenance amount from the date of stay of proceedings...........
Agreement to sell -- Specific performance - Plaintiff failed to prove the existence of a valid suit agreement - Defendant stated that he borrowed a sum of Rs.50,000 and claims to have returned it - Onus to discharge the claim of returning debt borrowed from plaintiff rests on defendant - Indebtedness of defendant to plaintiff can be accepted in the admission of defendant..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 27 -- Proceedings u/s 12 of the Act - Jurisdiction of Court - Parties are living in UK and alleged incident of domestic violence took place in London - Wife was not residing in Dehradun permanently or even temporarily at the time of filing complaint - Therefore, Dehradun does not qualify as her "temporary..........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Ex parte decree - Application U.O.9.R.13 CPC is pending - Respondent would be remediless if proceedings of execution petition are not stayed during pendency of application U.O.9.R.13 CPC - Execution proceedings rightly stayed during pendency of application U.O.9.R.13 CPC...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife has deposed that she is very keen and desirous to live and stay with her husband all through her life and perform her duties - Desertion has not been proved before Family Court through concrete and tangible evidence - Divorce petition rightly dismissed...........
Registration Act, 1908, Section 71, 23 -- Refusal to register document on the ground of limitation - Delay was purely attributable to continued restraint order passed by Court - Documents were presented for registration immediately after stay was vacated - Entire period available for petitioner to present the documents for registration excluding period of existence of..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Subsequent suit can be stayed if the matter in issue is same or substantially same in both the suits...........
