Civil Procedure Code, 1908, Section 10, 151 -- Stay of civil proceedings - Simultaneous prosecution of civil and criminal proceedings - Both the proceedings are not arising out of identical set of facts - Scope of two proceedings are different - It is not a case involving complicated issues of law and fact, so as to embarrass the trial in either of proceedings - Even..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Burden of proof - When incident took place, deceased and accused were alone in room and after incident accused continued to stay in room - Trial Court perfectly justified in invoking presumption u/s 106 of Evidence Act against accused which provides that when any facts is..........
Haryana Panchayati Raj Act, 1994, Section 51, 176(4) -- Election petition - Removal of Sarpanch/respondent by civil Court as his election was set aside - Statutory appeal by respondent - In the instant case, petitioner sought direction to allow one of Panch to take rein of Panchayat for its management after removal of respondent - During pendency of appeal and in absence..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17, 13 -- Stay from dispossession - Issuance of notice u/s 13(4) of the Act - Borrower paid amount as demanded by bank for regularization of accounts - Stay from dispossession granted - However, order does not prejudice the banks right in event of their being..........
Hindu Marriage Act, 1955, Section 13, Special Marriage Act, 1954, Section 27 -- Divorce - Mental cruelty - Refusal to participate in proceedings for divorce and forcing husband to stay in a dead marriage - In itself constitutes mental cruelty...........
Hindu Marriage Act, 1955, Section 19 -- Divorce petition - Jurisdiction - `Last resided together' - `Residence' in its ordinary meaning is something, more or less, of a permanent character and it is something more than a temporary stay - Place where couple had casual or temporary visit, either for a health check up or business or for a change, cannot be treated to be a..........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for payment of amount - Adjustment of amount deposited by judgment-debtors - Amount is to be adjusted first towards costs, then towards interest and thereafter if anything is left, towards principal amount - In the instant case, Executing Court has deviated from the said principle simply on the basis of an..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit for declaration and permanent injunction was filed by tenant - Landlord subsequently filed suit for eviction against tenant - Cause of action in earlier suit cannot be said to be directly and substantially involved in subsequent suit for eviction - Subsequent suit rightly not stayed by trial..........
Service -- Recruitment - Fresh face substitutes in Railways - Appellants were well aware that their appointments made when original applications were pending before Tribunal or when writ petitions were pending before High Court were subject to result of litigation - Appellants does not choose to file any application for intervention before High Court only after Railways..........
Civil Procedure Code, 1908, Section 10 -- Stay of suit - Object of S.10 CPC, is to avoid conflict of judicial decisions by preventing Courts of concurrent jurisdiction from simultaneously adjudicating upon two or more parallel suits in which matter in issue is substantially the same...........
