Criminal Procedure Code, 1973, Section 210 -- FIR and criminal complaint - Procedure to be followed by Magistrate - Stay of proceedings - Held, whenever in respect of an offence FIR is lodged, and criminal complaint is also filed, Magistrate should have stayed proceedings u/s 210 of CrPC relating to criminal complaint and only after report of police is received on..........
Civil Procedure Code, 1908, Order 21, Rule 26, Civil Procedure Code, 1908, Order 9, Rule 13 -- Execution of ex-parte money decree - Defendant moved application U.O.9.R.13 CPC which was dismissed - Contemporaneously, defendant also filed application U.O.21.R.26 CPC seeking stay of execution proceedings - Execution proceedings ordered to be stayed subject to defendant..........
Punjab Land Revenue Act, 1887, Section 34, 36 -- Mutation on the basis of registered sale deed cannot be refused on the ground that delivery of possession is not proved - A sale deed, once registered, has to be reflected in the revenue record - Revenue Officer cannot sit in judgment over complex and intricate rights of parties - When there is a civil suit pending..........
Criminal Procedure Code, 1973, Section 482, 245, 313 -- Quashing of order - Accused preferred revision against impugned order without informing trial Court - In meantime, prosecution produced and examined almost all witnesses who were cross examined - Fact of pendency of revision concealed - Stay of criminal prosecution pending before trial Magistrate was never sought - In..........
Hindu Marriage Act, 1955, Section 13 -- Desertion - After amendment of Act by amending Act 68 of 1976 desertion per se is a ground for divorce - In order to prove desertion, the party alleging desertion must not only prove that the other spouse was living separately but also must prove that there is an animus deserendi on the part of the wife and the husband must prove..........
Land Acquisition Act, 1894, Section 6 -- Declaration - Limitation - Exclusion of certain period - Period of three years stands automatically extended by that much of period during which stay was in operation...........
Land Acquisition Act, 1894, Section 6 -- Declaration - Limitation - Exclusion of period of stay - Stay order granted whereby State restrained from issuing declaration u/s 6 of the Act - Effect of stay upon person who were not party to challenge - Held, stay is automatically extended to all those land owners whose land was covered under the same notification u/s 4 whether..........
Hindu Minority and Guardianship Act, 1956, Section 6 -- Wife and husband residing in U.K. - Wife came to India alongwith her minor child - Husband filing petition for custody of child in UK Court - Husband directed to pay all expenses of wife and child etc. i.e. Travel expenses, stay arrangement, Medical expenses etc. - Husband agreed to same...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Agreement to sell - Suit for specific performance - Alienation - Substantial amount as earnest money already paid - Temporary injunction cannot be declined on the basis that alienation will be subject to law of lis pendens - No interference warranted in order of lower appellate court granting stay of..........
Criminal Procedure Code, 1973, Section 397 -- Summoning record of cross case - High Court granted stay on an order passed by Magistrate u/s 156(3) Cr.P.C. directing police to register and investigate case - Pursuant to the order of High Court FIR was not registered - There is no question of any cross case pending in any Court - Trial Court rejected application - Order..........
