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..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Long separation between parties - Parties living separately since 2010 - Marriage between parties has became unworkable and has reached the stage of beyond repair - If parties are called upon to stay together, it may lead to mental cruelty to both of them - Marriage dissolved by a decree of divorce...........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Victim admitted her love relation with accused and she herself seems to have left house, as there is nothing to show that accused kidnapped her - There is long stay for months together, as victim has not returned home to her parents until custody of victim being handed over by father of accused - Mere..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Decree for permanent injunction - Suit land is joint and had not been partitioned - Tubewell installed would hence also be used as a joint source of irrigation - Plaintiff who was a co-sharer, would also have a right to use electricity connection - Contention of defendant that since tubewell was installed..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Ad interim injunction - Plaintiff can approach Appellate Court during pendency of application for grant of ad interim stay...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Object underlying S.10 CPC is to prevent Courts of concurrent jurisdiction for simultaneously trying two parallel suits in respect of same matter in issue...........
