Civil Procedure Code, 1908, Section 10, 11 -- Stay of subsequent suit - Res judicata - All invoices i.e octroi invoices and STIs raised by plaintiff in present suit are also in issue in earlier suit - Issues in earlier suit and in present suit are directly or substantially the same - If both suits are permitted to proceed, there will be two parallel trials on same issue by..........
Maharashtra Law Officers (Appointments, Conditions of Service and Remuneration) Rules, 1984, Rule 30(5) -- Appointment of respondent/lawyers as Addl. GP/AGP/APP - Cancellation of said appointment u/R.30(5) of Rules - Considering stay operating against respondents due to which they could not work on respective posts and consequences of events occurring in case - Order of..........
Custody of child -- Welfare principle - Separation between husband and wife after more than 15 years of their marriage - Children aged 17 and 13 years respectively residing with wife after custody of children was given by husband to wife without any Court order, when boy failed in Grade IX - Academic performance of children improved after custody given to mother - Children..........
Suits Valuation Act, 1887 -- Property belongs to father-in-law - Daughter-in-law has no right, title and interest to stay in suit property which belongs to/owned by father-in-law, particularly when son not residing with his father in said property...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Matter in issue in both the suits entirely different - Subsequent suit cannot be stayed only on the ground that subject matter in both the suits is same...........
Agreement to sell -- Specific performance - Ready and willing - Unequivocal repudiation of agreement - Suit filed one year and eleven months thereafter - No prudent person would stay quiet for such a period if he is really interested in going ahead with the sale transaction - The only inference which can be drawn is that plaintiff was not ready and willing throughout to..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce petition by husband - Desertion - Evidence on record establish that husband and wife not staying together for long duration or permanently - Statement of wife reveals that even after visit for certain days, she always came back to her parents house and never stayed continuously with her husband after August, 1998 -..........
Specific Relief Act, 1963, Section 20 -- Decree for specific performance - Leave to appeal filed by subsequent purchaser - Maintainability - Subsequent purchase sold suit property to third party during pendency of proceedings - He is no more owner of suit property and neither in possession of the same - Contention of subsequent purchaser that since no stay order passed by..........
Civil Procedure Code, 1908, Section 10 -- Stay of suit - S.10 CPC projects only stay of trial of suit in which matter in issue is also directly and substantially in issue in previously instituted suit between same parties - Provision does not prevent or bar Court from passing incidental orders required to meet ends of justice - Thus, any incidental orders not affecting..........
Rent and Eviction -- Sub-tenancy - Pleading that tenant had allowed one person to stay in a portion of the establishment and was realising a handsome amount - It cannot be said that there is no pleading of parting of possession wholly or partly...........
