Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - S.10 CPC deals with two identical suits - Though appeal is a continuation of suit, however, S.10 CPC cannot stretch to mean that even if an appeal is pending, a subsequent suit cannot be filed...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit filed by plaintiff is for declaration and permanent injunction and subsequent suit filed by defendant is for possession - Relief sought in both the suits is different, thus, it would not operate as res judicata - Application rightly rejected...........
Limitation Act, 1963, Article 136 -- Decree - Execution - Appeal filed against judgment and decree - There was no stay during pendency of appeal - Appeal dismissed in default - Lower Court decree continues to be enforceable - Limitation for filing execution of decree is 12 years - Time from which period begins to run is when decree or order becomes enforceable - Execution..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - Proceedings of title suit and execution are pending before two different Courts - Condition precedent for stay of execution proceedings U.O.21.R.29 CPC is that two proceedings should be pending before same Court - Application U.O.21.R.29 CPC rightly dismissed...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Non-compliance of decree of restitution of conjugal rights by wife - Conduct of husband in completely ignoring his wife after she suffered miscarriage of their child would have been the proverbial last straw adding to her suffering due to ill-treatment in her matrimonial home - She, therefore, had just..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Husband compelled wife to leave the job and stay with him - She filed divorce petition - However, before that since there was compatibility issue, therefore, she issued notice to husband requesting for mutual divorce - Husband never wanted that wife should get divorce which itself amounts..........
Arbitration and Conciliation Act, 1996, Section 36(3) -- Stay of execution of arbitral award - Form of security required to be furnished should not depend on whether a party is a statutory or other governmental body or a private entity - Therefore, High Court ought not to have based its decision on the condition for grant of stay on the status of respondent as a statutory..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 233 -- Complaint and FIR in respect of same offence - Even if complaint proceedings have already been initiated and police officials receive a report/complaint on the same set of allegations, they are not barred from registering a subsequent FIR - However, it is mandated as per S.233 BNSS that Magistrate shall stay the..........
Custody of child -- Claimed by mother - Children are in custody of father and almost every member in the family of father is occupied in business - There is only grandmother of children who is in the house for whole day - However, in the family of mother, she is always at home and she stays with her parents and there are other relatives in the family - Both the parties are..........
Hindu Marriage Act, 1955, Section 24 -- Interim maintenance - Non payment - In case proceedings are initiated by husband then Court can grant stay of further proceedings till the maintenance is paid - However, in case proceedings are initiated by wife then Court can strike off the defence of husband...........
