Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - If issues in subsequent suit are directly and substantially in issue in an earlier suit but subsequent suit decreed, decree cannot be set aside on the ground of pendency of an earlier suit - More so, when there was no application for stay of subsequent suit u/s 10 CPC...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 19, 23, Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 21, 22 -- Residence order - Interim order to stay in the suit property passed in favour of wife - Eviction order passed under Act of 2007 - A parent who invokes the provisions of Act of 2007 cannot create a situation that makes..........
Civil Procedure Code, 1908, Section 10 -- Stay of suit - Civil and criminal proceedings going on simultaneously - Civil suit can not be stayed during pendency of criminal case - Possibility of conflicting decisions in civil and criminal courts can not be a consideration for stay of the proceedings - No hard and fast rule as to which proceedings must be stayed...........
Indian Penal Code, 1860, Section 494 -- Second marriage - After passing of ex parte divorce decree - Appeal against ex parte decree filed thereafter - No interim order of stay of divorce decree passed in appeal - Legally first wife was not in existence due to dissolution of her marriage - Held, no offence u/s 494 IPC is committed when accused performed second marriage..........
State Financial Corporations Act, 1951, Section 29, Companies Act, 1956, Section 529A -- Appellant company going into liquidation - Respondent Corporation opting to stay out of liquidation proceedings as secured creditor - Selling assets of appellant company - High Court putting only one condition for confirmation of sale in favour of higher bidder - Official Liquidator..........
Civil Procedure Code, 1908, Section 151 -- Grant of police aid - Implementation of Court orders - When parties violate orders of injunction or stay, Court can, by exercising its inherent power, put back the parties in the same position as they stood prior to issuance of injunction order or give appropriate direction to police authorities to render aid to aggrieved parties..........
Indian Penal Code, 1860, Section 498A, 323, 377, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 498-A, 323, 377, 506 IPC and Ss.3, 4 of 1961 Act - Quashing of FIR - Allegations in FIR disclosing commission of cognizable offence - Prayer of quashing of FIR declined - Prayer for stay of arrest not granted as it will amount to grant of relief without deciding..........
Indian Penal Code, 1860, Section 366, 376 -- Abduction and rape - No evidence on record that prosecutrix was adducted or forcibly raped by accused without her consent - Material improvements in version of prosecutrix - Prosecutrix and accused stayed together in the hotel for about 11-12 days - Photographs of prosecutrix and accused posing comfortably and in happy mood..........
Guardians and Wards Act, 1890, Section 25, 10 -- Custody of twins aged 5 years each - Custodial rights in favour of natural mother in preference to grandparents - Grandfather of children was involved in bribery case - Even if case ended in acquittal, it may not be conducive for children to build a robust moral value if they are permitted to stay in the house of..........
Indian Penal Code, 1860, Section 342, Criminal Procedure Code, 1973, Section 482 -- Wrongful restraint - Quashing of proceedings - Accused took the victim along with him and is in the custody of accused - Victim unable go anywhere and even during night accused stated to have made the victim to stay in same room in the same cot - By giving new place and circumstances,..........
