Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Divorce petition filed by wife and thereafter husband filed petition for restitution of conjugal rights - In case wife obtains decree in that event there will be no need to proceed with the subsequent suit - Same parties - Issues in both suits in strict sense not the same - Trial Court stayed the..........
Rent and Eviction -- Eviction order or decree - Appeal or revision - Stay of execution of eviction order - Revisional or Appellate Court can grant stay of execution of eviction order or decree on terms, including a direction to pay monthly rent at a rate higher than the contractual rent - Amount so fixed should not be excessive, fanciful or punitive amount...........
Rent and Eviction -- Eviction order or decree - Appeal or revision - Stay of eviction order - Can be granted subject to terms including payment of higher rent than contractual rent - Status quo ante is to be restored in case appeal or revision of tenant is accepted and tenant is entitled to get back the amount paid in excess of contractual rent - Amount fixed by Court over..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Petition by wife against husband and relatives of husband - By way of interim relief, husband directed to allow residence to the wife with him in the house - Mother-in-law challenged the order that the house in which husband was living, is owned by her - Held, house in the name of mother-in-law cannot be a..........
Criminal Procedure Code, 1973, Section 389(1) -- Stay of conviction - Power of appellate court - Held, appellate court is duly empowered u/s 389(1) to grant stay of conviction but only in an "exceptional case" where "the ramification and the consequences" are such which may justify exercise of such authority - Such power is not to be casually exercised and it is necessary..........
Criminal Procedure Code, 1973, Section 389(1) -- Stay of conviction - Appellant had already retired from public service - If an order of stay of conviction is passed, there would be no possibility of appellant being restored to any public post - There is no chance of appellant ever going back to public office - Appellant having tendered his resignation from various..........
Criminal Procedure Code, 1973, Section 125(3), Limitation Act, 1963, Section 15 -- Maintenance - Execution - Limitation - One year - Limitation for filing application for execution is to be computed upon excluding the period during which the order of stay was operating...........
Punjab Land Revenue Act, 1887, Section 122, 123 -- Order of possession - Delivery of possession of property allotted within three years from the date recorded in the instrument of partition - If a party has got some stay order, period will start running from the date the order is vacated...........
Civil Procedure Code, 1908, Section 10.151 -- Matrimonial proceedings Stay of - Matrimonial proceedings in different courts by husband and wife - Husband filed suit for judicial separation at Jaipur on 31.03.2006 - Issues framed and suit is fixed for evidence - Petition for restitution of conjugal rights filed by wife on 28.2.2008 at Indore - Husband sought stay of..........
Guardians and Wards Act, 1890, Section 9, Hindu Minority and Guardianship Act, 1956, Section 5, Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Minor child - Mother seeking custody from father - Visiting rights given to mother during pendency of said petition - Challenged on ground of jurisdiction as child at the moment residing at Lucknow with aunt - Held, child where..........
