Negligence -- Compensation - Electricity Board negligent in allowing unwanted stay wire to remain on road margin - Due to accident plaintiff suffered 40% permanent disability - Held, considering nature of injuries suffered by plaintiff and his monthly income, he is entitled for total compensation of Rs.5,02,400/- together with 6% interest from date of suit till..........
Civil Procedure Code, 1908, Section 10 -- Stay of suit - Where an issue is already pending adjudication between same parties, in a Court having jurisdiction to adjudicate upon same, a subsequently instituted suit on same issue between same parties, cannot be allowed to proceed...........
Civil Procedure Code, 1908, Order 39, 2A -- Interim injunction - Disobedience - Prima facie no case is made out against defendants to the subjective satisfaction of Court that defendants deliberately and willfully mentioned the alleged MoU in the petition to vacate interim stay and thereby violating the order of interim injunction granted by Court regarding restraining..........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Ex parte ad interim injunction - Vacation of - Infringement of trade mark - Plaintiff has been prima facie guilty of suppression and concealment of material facts - Even on merits, plaintiff does not have a prima facie case - Both plaintiff as well as defendants are operating in their own spheres - There is no likelihood of..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Appeal from decree - Stay of decree - Imposition of condition - Held, an order imposing a condition of deposit at the time of granting stay of decree appealed from is an order in equity and not in law - Condition is imposed to afford reasonable compensation to party successful at the end of appeal - Purpose of order is not to..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Appeal from decree - Stay of decree - Imposition of condition - Held, appellant cannot be heard to contend that it accepts order insofar as it stays execution but objects to conditions...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of operation of the judgment, order and decree - It has the same effect as stay of execution of decree - Power of stay of operation of judgment, order and decree may not be technically available U.O.41.R.5 CPC but is traceable to S.151 CPC - Wherever any judgment, order and decree is likely to visit a party with civil..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Informant nephew of injured, instead of going to hospital with his seriously injured uncle, went to police station - No family member was present in hospital still informant preferred to stay at home - Occurrence seen by several people standing on road but none of them cited as independent witness in FIR -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Defendant allowed plaintiff to stay in the part of his house gratuitously - Plaintiff had misused the process of law by filing suit for permanent injunction, which is not maintainable in the eye of law - Held, in absence of any valid and subsisting lease or licence or rent agreement, petitioner..........
Constitution of India, 1950, Article 227 -- Restitution of possession - Suit for possession filed by decree-holders was decreed by first appellate Court - In wake of RSA filed by petitioners-JDs, operation of decree was stayed, subject to furnishing of security for a sum of Rs.5 crores - JDs neither handed over possession of property in litigation to DHs nor furnished..........
