Specific Relief Act, 1963, Section 36, 38 -- Injunction - Person who has no legal rights to stay in suit premises, is not entitled to discretionary relief of injunction because grant of relief of injunction is a discretionary relief as per Ss.36, 38 of the Act - Moreover, no injunction shall be granted to a trespasser...........
Indian Penal Code, 1860, Section 499, 500, Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20 -- Civil suit for damages and criminal proceedings for defamation - Same parties in both the cases - However, both the cases are different in nature - Both civil suit and criminal proceedings can continue simultaneously - Accused cannot get the..........
Service -- Stay of disciplinary proceedings during pendency of criminal case - Pendency of criminal case cannot be sole basis to suspend disciplinary proceedings - However, disciplinary proceedings stayed till closure of recording of prosecution witnesses - Criminal case be decided expeditiously but not later than one year from the date of this order...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion by wife - Temporary departure of wife to attend her father's barsi with the consent of husband - Husband compelled her to stay away and not permitted to return to matrimonial home, does not amount animus deserendi on the part of wife to abandon permanently her matrimonial home...........
Guardians and Wards Act, 1890, Section 9 -- Custody of child - Jurisdiction - `Ordinarily resides' connotes a regularly settled home and not a place of stay where children are obliged to dwell by force of circumstances or compulsion of parent's employment - It is not the duration of stay that matters but intention of parties - In case of a minor, as he cannot take any..........
Civil Procedure Code, 1908, Section 38, Order 21, Rule 1 -- Execution - Mere pendency or even allowing of amendment is not a bar to executability of decree unless there is a stay against executability either by original Court or transferee Court or by Appellate Court...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Appeal - Stay of execution - Stay can be granted on satisfying the explanation of sufficient cause, subject to conditions of satisfying with substantial loss may result to party applied for stay, unless there is stay of execution and made applications for stay without unreasonable delay and has been undertaken by applicant..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Interim maintenance - Husband an able bodied young man capable of earning sufficient money, cannot deny his legal obligation of maintaining his wife - However, husband contended that he is ready and willing to support wife and children, thus question of maintenance does not arise - Contention rejected, as..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Testimony of prosecutrix - Prosecutrix attained the age of majority at or before the time of incident - FIR and statement of witnesses of fact are based on either suspicion and apprehension or on hearsay evidences and do not support the facts of charge - Prosecutrix herself admitted that she performed..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion by wife - Wife staying with husband since last 20 years after the marriage - There was no reason for wife to leave husband - On the contrary it was the husband who left wife, which proves that husband deserted wife - Wife who was deserted by her husband, has no option but to stay at her parental house -..........
