Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Dispute as to breach of contract - First suit filed by defendant in Court at Surat and second suit filed by plaintiff in Court at Mumbai - Both the suits are same and issues involved in both suits are directly and substantially one and same - However, footnote of offer letter given by plaintiff to..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit for possession by way of specific performance was filed by defendant - Subsequent suit for declaration in respect of same property filed by plaintiff - Agreement to sell in favour of defendant was prior in time, thus suit of defendant for possession by way of specific performance has to be..........
Transfer of Property Act, 1882, Section 116 -- Tenants at sufferance - Original tenant permitted to continue in possession of suit premises after determination of lease on payment of rent - However, original tenant did not pay rent and continued to stay for sometime - Original tenant is tenant holding over till the time of default in paying rent and after that tenant at..........
Civil Procedure Code, 1908, Section 10 -- Stay of suit - Present suit of which proceedings are sought to be stayed is not a subsequent suit, as other suit on pendency of which present suit proceedings are sought to be stayed, has been instituted after institution of present suit - Provisions of S.10 CPC not attracted...........
Civil Procedure Code, 1908, Section 10, 151 -- Stay of suit - Where the suit is not liable to be stayed u/s 10 CPC, recourse to inherent power available u/s 151 CPC can be had only in exceptional circumstances and not otherwise...........
Civil Procedure Code, 1908, Section 10, 151 -- Stay of suit - Plaintiff filed suit of eviction by claiming title through a sale deed - Defendant after institution of present suit filed a suit for declaration that sale deed was void - Court of Small Causes is a Court of limited jurisdiction and its judgment and decree based on landlord tenant relationship is always subject..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - For invoking O.21.R.29 CPC, there should be simultaneously two proceedings in one Court - One is proceeding in execution at the instance of DH against JD and other a suit at the instance of JD against DH...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - Civil suit not pending in same Court where execution proceeding is pending - Said suit is neither filed by JDs nor it is filed against DH, as DH is only a formal party in the suit - None of requirements is satisfied for invoking provision of O.21.R.29 CPC - Application dismissed...........
Civil Procedure Code, 1908, Order 41, Rule 5, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay of injunction order - Ad interim injunction order was passed against subsequent purchaser/applicant, as defendant/vendor sold the agreed property to him - It is evident that applicant would be parting with right, title and possession of a part of suit property by creating..........
Industrial Disputes Act, 1947, Section 25F -- Daily wager - Termination - Labour Court declared termination illegal - Case was admitted with interim stay to continue, issued on 18.09.1997, which order are in operation till present - Stay has operated for last 21 years - No useful purpose would be served in lifting stay on award for reinstatement is concerned and instead it..........
