Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 498A -- Stay of conviction during pendency of appeal in an offence u/s 498-A IPC - Petitioner a police official - Conviction stayed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit for specific performance - Impleading of subsequent purchaser during pendency of suit and in violation of the stay order - Subsequent purchaser already filed a suit for declaration that he is a bonafide purchaser - Application dismissed...........
Civil Procedure Code, 1908, Order 21, Rule 1, Civil Procedure Code, 1908, Order 39, Rule 1, Constitution of India, 1950, Article 226 -- Execution proceeding - Writ petition - Original decree holders have no objection for approximately 3.5 decimals of land to be retained by respondent No.7 as per the court's order - Even they have no objection in vacating the stay granted..........
Civil Procedure Code, 1908, Section 10 -- Pendency of execution proceedings in the previously instituted suit is not a ground to stay the subsequent suit...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Description of property in dispute in both the suits different - Plea that there is change of khasra and khatauni numbers which are duly explained - Held, at the stage of deciding application u/s 10 CPC there is no evidence or document on record to prove the plea - Plea repelled...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Suit property and parties in both suits different - Even relief claimed in both suits different - Relief claimed in the second suit not the subject matter of first suit - Dismissal of application - Order upheld...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Medical service - Deficiency in service - Compensation - Concurrent finding of fact by Fora below that the para - medical aid was not available - The daughter of the complainant was not permitted to stay for providing such aid even though the wife of the complainant was completely bed ridden - The findings of Fora below..........
Civil Procedure Code, 1908, Order 39, Rule 2A, Arbitration Act, 1940, Section 30, 33, 41 -- Vacation of injunction - Non-compliance/breach of unequivocal undertaking - Contempt of Court - Petitioner delayed arbitration proceedings for fifteen years - Petitioner aim was to delay encashment of bank guarantees only - It is ordered that respondent shall be entitled to make its..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Appeal - Stay - Where serious civil consequences follow from an order, it is imperative for the Appellate Court to suspend the operation of the order more so when appeal is admitted...........
Civil Procedure Code, 1908, Order 41, Rule 1(3) -- Non compliance of a direction to deposit the decreetal amount or part of it or furnish security therefor - Held, it is only the stay application which is to be dismissed and not the entire appeal...........
