Punjab Panchayati Raj Act, 1994, Section 13, 13A -- Election of Sarpanch - Petitioner seeking stay on election in order to fill casual vacancy caused by death of one Panch - Election of Sarpanch cannot be kept in abeyance particularly when election of all the Panches was duly notified by the State Government, and thereafter, casual vacancy has occurred due to death of one..........
Guardians and Wards Act, 1890, Section 7, 12, 25, Hindu Minority and Guardianship Act, 1956, Section 13, 6 -- Minor - Custody - Wishes of child - Male child of 6 years refused to go with father or to stay with him - Child stated that he was happy with his maternal grand-parents and would like to continue to stay with them - Held, it will not be proper to give custody of..........
Hindu Marriage Act, 1955, Section 13(ib) -- Desertion - No evidence as to intention of wife to bring cohabitation an end and/or total repudiation of martial obligations - On the other hand case of wife is that she is ready and willing to stay with her husband - Desertion not proved...........
Foreigners Act, 1946, Section 3, 14 -- Unauthorised stay in India - Appellant had no passport to stay in India - He was only issued a transit visa that too for Nepal for six months - His defence was that he had come to India to visit his wife and children - No valid document in possession of appellant to stay in India - Trial Court convicted him for offence u/s 3 & 14 of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Stay of dispossession of defendant by plaintiff cannot be granted in a suit filed by plaintiff - Stay which can be granted on an application filed by a party to the suit is restricted to preventing the wasting, damaging, alienation, sale and removal of property...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Stay of dispossession of defendant by plaintiff cannot be granted in a suit filed by plaintiff U.O.39.Rr.1, 2 - Held, Court cannot grant injunction by taking recourse to S.151 CPC when application is not maintainable U.O.39.Rr.1, 2 CPC...........
Consumer Protection Act, 1986, Section 19 -- Appeal - Deposit of amount - Interim stay - Deposit under 2nd proviso to Section 19 of the Act is a prerequisite for consideration of any appeal before the Fora - The same is statutory requirement - If the said deposit is not made a appeal before the Fora will not be considered - The provision cannot be read to mean that pre -..........
Land Acquisition Act, 1894, Section 4, 6, Constitution of India, 1950, Article 14 -- Acquisition of land - Acquisition proceedings lapsed in one case because of operation of law - Those proceedings cannot be deemed to continue in other case where stay has been granted - It is not fair to penalize those parties who approached the court of law to seek relief - Notification..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - S.10 CPC forbids trial of any suit in which the matter in issue is also directly or substantially in issue in a previously instituted suit between the same parties or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - A new party added in the subsequent suit - Does not oust the application of S.10 CPC on the ground that all the parties in the subsequent suit are not the same as in the earlier suit, when the dispute in both the suits pertains to the same dispute which is a subject matter of the earlier litigation...........
