Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - Transferee Court has no power U.O.21.R.29 CPC, to stay execution of decree pending in its Court, where decree has not been passed by that Court...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 7 -- Senior citizen - Claim by mother from daughter - Allegations that daughter grabbed property of mother by playing fraud and in respect of that a civil suit is also pending between parties - Daughter is liable to maintain her mother and her husband, as daughter and her husband both are working -..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Right of pre-emption - Sale deed has come in existence during pendency of present 1st appeal and it was never sought to be produced before 1st appellate Court despite the fact that after its execution, 1st appeal remained pending decision for about 4 years and 9 months - Moreover, it is not mentioned or..........
Constitution of India, 1950, Article 226, 227 -- Eviction order - Writ petition - Unauthorised possession - Landlord approached Deputy Commissioner only with a complaint to register a case against tenant for being in unauthorized possession of house in question and irregular payment of rent - However, Deputy Commissioner in his over enthusiasm and presumably in an effort..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Order of status quo cannot be passed when no prima facie case is made out by plaintiff - However, any action/step taken by defendant in respect of suit property will be subject to the outcome of suit pending before trial Court...........
Criminal Procedure Code, 1973, Section 156, 482 -- Transfer of investigation to agency outside State - Special Investigating Team headed by DSP already constituted - Investigation still pending - Civil suits with respect to same dispute are also pending - In these circumstances, Court does not find any good ground to transfer investigation as prayed for - Even otherwise,..........
Wages -- Payment of wages during lockdown period due to COVID-19 - Directions issued: (i) The private establishment, industries, employers who are willing to enter into negotiation and settlement with the workers/employees regarding payment of wages for 50 days or for any other period as applicable in any particular State during which their industrial establishment was..........
Protection of Women From Domestic Violence Act, 2005, Section 2(s) -- Shared household - Eviction of daughter-in-law - Without seeking eviction against son - Father-in-law is exclusive owner of suit property - Divorce petition is pending between daughter-in-law and son and son is not living in suit property - Daughter-in-law thus, can be evicted without seeking decree of..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle seized under Mines and Minerals Act - No confiscation proceedings are pending qua vehicle in question and same is case property - Vehicle released on furnishing bank guarantee of Rs.1 lakh with other incidental directions...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Claim petition - Appeal filed by claimants for enhancement of compensation amount is still pending before High Court - High Court ought to have heard appeal filed by Insurance Company along with cross-appeal of claimants pertaining to same accident - Matter remitted back to High Court...........
