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..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Electricity Act, 2004, Section 54, Electricity (Supply) Act, 1948, Section 42, Telegraph Act, 1885, Section 10 -- Laying electric head lines - Temporary injunction to restrain defendants from laying the over head electric lines etc. - The licensee under the Electricity Act and the Telegraph Act does not acquire any land, it..........
Central Civil Service (CCA) Rules, 1985, Section 19(4) -- Suspension pending enquiry - Extension of suspension - Suspension extended by conducting review after 90 days - Review could not be done earlier as application of employee before Tribunal was pending - Not tenable in absence of interim stay by Tribunal - Provision of S.19(4) of the Act speaks only of abatement of..........
Civil Procedure Code, 1908, Order 39, Rule 3-A -- Exparte temporary injunction - Application for vacation of stay - To be decided within 30 days of the date on which temporary injunction was granted exparte...........
