Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Both the parties are litigating with regard to title and ownership of suit property against each other - Whole subject matter in both the proceedings is identical - If the first suit is decided, automatically claim of defendant in subsequent suit would become barred by res judicata - Subsequent suit,..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife was subjected to harassment at the hands of husband and his family members for demand of Rs.2 lakhs with a motorcycle and she was ousted from her in-laws house - She thus, has a valid reason to stay separately from husband - Wife is less educated woman unable to maintain herself - Husband is..........
Criminal Procedure Code, 1973, Section 389, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), 7, 12 -- Stay of conviction - Corruption case - Courts should refrain from staying conviction of public servants who have been convicted on charges of corruption in view of K.C Sareen case...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Mere fact that wife wanted to stay closer to her ailing father, cannot be termed as cruelty, as it is a valid concern...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Eviction decree - Tenant who is concededly in possession of property ought not to be evicted at the interim stage of deciding an application U.O.41.R.5 CPC - Eviction of tenant at the interim stage would naturally render appeal infructuous qua his rights, as in the meanwhile landlord shall be at liberty to..........
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...........
