Civil Procedure Code, 1908, Section 10 -- Stay of proceedings - Rejection of - Validity - Plaintiff filed suit for decree of declaration to effect that impugned power of attorney, agreement to sell, letter of possession and receipt etc. are illegal and contrary to law and not binding on his rights - Defendant contested suit filed written statement but did not file any..........
Protection of Women From Domestic Violence Act, 2005, Section 21, 23 -- Right of visit to meet the child granted - Travelling expenses were ordered to be given by husband - Husband having no objection to the payment of travelling expenses for another person who will accompany wife to meet her child - Husband also ready to pay hotel charges for stay of two persons - Husband..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Provision of S.10 CPC is applicable only when two suits are pending for the same relief...........
Agreement to sell -- Specific performance - Ready and willing - Deposit of balance sale consideration in Court - Order to deposit was to balance the equities arising from restraining defendants from dealing with their property - Even if plaintiff failed to deposit, the only consequence thereof has to be vacation of stay and not dismissal of suit for specific performance -..........
Specific Relief Act, 1963, Section 28 -- Specific performance - Decree granted - Appeal filed thereagainst - Non compliance of terms and conditions of judgment - Application u/s 28 of the Act filed for rescission of agreement - Stay of hearing of appeal during pendency of decision of application filed u/s 28 of the Act - It was only the verbal prayer which was declined -..........
Civil Procedure Code, 1908, Section 10 -- Stay of suit - Object - To prevent Courts of concurrent jurisdiction from simultaneously entertaining and adjudicating upon two parallel litigations in respect of same cause of action/matter in issue so as to avoid possibility of contradictory verdicts by two courts in respect of same relief...........
Civil Procedure Code, 1908, Section 115 -- Eviction - Appeal - Interim relief - Petitioner/tenant is seeking stay of his dispossession during pendency of his appeal before Appellate Authority but without putting himself to the terms - Held, for grant of interim relief which is an equitable and discretionary relief a litigant can be put to terms - In instant case,..........
Civil Procedure Code, 1908, Section 10 -- Stay of earlier suit - It is beyond the scope of S.10 CPC...........
Civil Procedure Code, 1908, Section 10 -- Stay of suit - Essential conditions for invoking the provision of S.10 CPC : (i) when there is a previously instituted suit between same parties, (ii) matter in issue is directly and substantially is same; (iii) where suit is pending between same parties; (iv) the previously instituted suit alone should be proceeded...........
Civil Procedure Code, 1908, Section 10 -- Stay of suit - Previous suit instituted for compensation of acquisition of plot - Subsequent suit for partition of the entire property - Held, relief claimed in previous suit will not effect the proceedings of subsequent suit - Moreover, petitioner is not seeking stay of the proceedings of subsequent suit but earlier suit which is..........
