Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - S.10 CPC would be applicable only if there is identity of matter in issue in both the suits, meaning thereby, that whole of subject matter in both the suits is identical...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Suit property and parties are same in both the suits - Matter in issue in subsequent title suit is same in earlier title suit and decision in earlier suit would operate as res judicata so far as declaration of title of suit property - Subsequent suit stayed...........
Hindu Adoptions and Maintenance Act, 1956, Section 18, 20, 24, 27 -- Award of Rs.50,00,000 as permanent maintenance and a sum of Rs.40,000/- per month as maintenance - Appeal thereagainst - Appellate Court passed a conditional order to stay operation of trial Courts order subject to payment of Rs.22,000/- p.m. as maintenance - Merely because salary of husband stands..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Extended from time to time - Revisional Court stayed all further proceedings of the suit till disposal of revisional application - Stay order cannot be construed to debar trial Court from taking up interlocutory applications as well - Trial Court directed to dispose of injunction application as..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - O.41.R.5 CPC empowers appellate Court to impose conditions for staying execution of decree of trial Court...........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Revision - Executing Court has power to stay execution proceedings only for a limited period of time in terms of O.21.R.26 CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit land is joint and defendant was trying to usurp best portion of same without getting it partitioned as per plaintiff - However, defendant has raised a specific plea that suit land stood partitioned and partition had been implemented - Appeal filed against order of partition was dismissed in..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit was for declaration and subsequent suit was for partition - Core issue in both the suits are different even though property is same - Parties are also different - Pendency of earlier suit does not call for stay of subsequent suit - Application rightly dismissed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband contended that since wife refused to stay with husband without any sufficient cause she is not entitled to maintenance - However, there is no proceeding between parties for restitution of conjugal right - Wife is unable to maintain herself - She is entitled to maintenance from the date of..........
Consumer Protection Act, 1986, Section 27, Insolvency and Bankruptcy Code, 2016, Section 96 -- Stay of execution of penalty orders - Interim moratorium - Penalties imposed by NCDRC arise due to non-compliance with consumer protection laws and serve a regulatory function rather than constituting "debt recovery proceedings - Moratorium u/s 96 of IBC does not extend to..........
