Civil Procedure Code, 1908, Order 35, Rule 5 -- Interpleader suit - Ishar Singh was owner and landlord of demised premises - Petitioners were tenants under Ishar Singh - Respondents No.1 and 2 have filed a petition seeking ejectment of petitioners on ground of personal necessity and arrears of rent - Iqbal Kaur and Sarabjit Kaur have also filed an ejectment petition..........
Arbitration and Conciliation Act, 1996, Section 5, 16, 34, Civil Procedure Code, 1908, Order 39, Rule 1, 2 - - Arbitration proceedings - Civil suit to stay - Power of Civil Court - Held, Civil Court cannot go into existence or validity of the arbitration clause nor can an injunction be granted by it restraining defendant from continuing with the arbitration proceedings..........
Consumer Protection Act, 1986, Section 2(1)(g), 2(1)(r), 14(1)(d) -- Housing - Flat allotment - Non delivery of possession - Deficiency in service - Unfair trade practice - Plea by respondent-OP that they were unable to raise construction as there was stay granted by the High Court - Stay remained for one year and two months till 01.05.2008 - OPs should have restarted..........
Hindu Adoptions and Maintenance Act, 1956, Section 18 -- Maintenance - Wife is entitled to stay separate from husband and claim maintenance when (a) husband is guilty of desertion i.e. guilty of abandoning his wife without a reasonable cause without her consent or against her wish or (b) husband wilfully neglects his wife; (c) if husband keeps mistress or concubine in the..........
Civil Procedure Code, 1908, Order 21, Rule 101 -- Execution - Ejectment decree - Resistance by sub-lessee - Sub lessee also filed proceedings under Rent Act for being declared direct tenant of D.H. - Decree holder filing application for police help - Sub lessee filed application U.O.21.R.101 for declaration of his rights and title - High Court directed that applications be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Illegal possession - Whether an illegal possession of a person could be protected by grant of injunction under the Code? - Held, certainly not - In present case, status of respondent is not better than that of a trespasser - As such, he cannot be allowed to stay over the land in dispute -..........
Indian Penal Code, 1860, Section 323, 324, 34 -- Voluntarily causing hurt with common intention - Beating with sticks - Agricultural land main cause of dispute - Police neither got the land in dispute demarcated nor obtained revenue papers - Accused claimed that civil litigation pending and that they had obtained stay - Fact of litigation admitted by complainant - Accused..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Subsequently instituted suit can be stayed only at the trial stage - Appellate proceedings are not `trial stage' of the suit - Only the trial of the suit can be stayed - In very exceptional circumstances stay may also be granted at the appellate stage but normally it is only the trial of the suit which can..........
Civil Procedure Code, 1908, Section 10 -- Stay of suit - Two suits instituted, one by petitioners in 1993 and other by respondents in 1997 - Both suits proceeded simultaneously - However, subsequently instituted suit by respondents decided earlier and reached stage of appeal - Respondents sought stay of previously instituted suit - Held, respondents cannot take advantage..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Husband serving in Army - Husband not taking wife to his place of posting - Wife cannot be said to have faulted in declining to stay with parents of her husband - Merely not obliging husband to stay in his parental house, where he himself is not residing, cannot be said to be desertion of husband -..........
