Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - Cannot be sought by a stranger to the decree...........
Civil Procedure Code, 1908, Section 10 -- Stay of second suit - First essential is that matter in issue in subsequently instituted suit should also be directly and substantially in issue in a previously instituted suit - Second essential is that Court in which first suit is pending, should be competent to grant relief claimed in that suit and also the relief claimed in the..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Plea of impotency of husband - No medical evidence to establish such a wild allegation - Unambiguous admission by wife that she had normal sexual relationship with husband during her stay with him in the matrimonial home - Held, ground that husband was impotent is found not established by wife...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Plea of wife that she was treated with cruelty without any semblance of love and affection shown by husband - However, wife herself stated that during the whole period of her stay in the matrimonial home, husband kept her comfortably, showering love and affection on her - Such a version of wife demolishes..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) -- Provision of S.24(2) of the Act does not exclude any period during which the land acquisition proceeding might have remained stayed on account of stay or injunction granted by any Court - Period of five years or more has been prescribed with a view..........
Civil Procedure Code, 1908, Section 151, Order 12, Rule 6 -- Decree on admission - Suit for possession - Will - Plaintiff claimed possession of disputed property on the basis of Will which is not disputed by defendants - Will taken to be proved - Testator only created life interest in favour of plaintiff - Defendants cannot object to the enjoyment of life estate by..........
Criminal Procedure Code, 1973, Section 389 -- Stay of conviction - Held, unless there are exceptional circumstances, appellate Court shall not stay conviction, though sentence may be suspended - There is no hard and fast rule or guidelines as to what are those exceptional circumstances - However, there are certain indications in Cr.P.C. itself as to which are those..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by husband - Husband made genuine attempts so that wife joins his society but it is only on account of her adamant attitude, his attempts proved abortive - Wife also admitted that her husband sent notice requiring her to join him and to lead a happy marital life but she is not willing to stay..........
Consumer Protection Act, 1986, Section 19(1), 17(1)(a) - - Appeal against order of State Commission - National Commission admitted appeal and granted interim stay subject to payment of 50% of award given by State Commission - Validity - Held, a pre-deposit condition to deposit 50% of amount in terms of order of State Commission or Rs.35,000/-, whichever is less, being..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - No cause of action in favour of plaintiff and against defendant Nos.4 to 13 to file a suit for recovery as there is no privity of contract - There is non disclosure of facts to proceed with the trial of suit qua defendant Nos.4 to 13 as there is no allegation of any liability or a joint and several..........
