Hindu Marriage Act, 1955, Section 13(1) -- Cruelty - Irretrievable break down of marriage - Wife wanted her husband to leave his parents and live separately - Other proposal of wife was that husband should permanently stay at the in-laws place and to live there as a 'Ghar Javai' - Husband could not leave his aged parents who were financially dependent upon him - Demands of..........
Criminal Procedure Code, 1973, Section 389(1) -- Conviction - Suspension of - Appellate Court has power to suspend not only execution of sentence but also the order of conviction - An order of stay does not render the conviction non-existent, but only non-operative - Conviction can be suspended in a rare case depending upon the special facts of the case - Person seeking..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Deemed operation of stay - Expression `in the mean time' & `till then' - Difference - Suit challenging notification u/s 4 of Land Acquisition Act - Ad-interim order restraining demolition of constructions `in the mean time' - Interim order extended from time to time - Subsequently stay order extended till next date of..........
Land Acquisition Act, 1894, Section 4(1), 6(1) -- Proviso (ii) Explanation (1) - Limitation for making declaration u/s 6(1) of Act - Exclusion of period of stay - Notification u/s 4(1) of Act issued on 20-12-1996 - Civil Suit questioning validity of the notification - Interim stay granted on 30-08-1997 - Extended from time to time, till a particular date - On 28-07-1998..........
Civil Procedure Code, 1908, Section 151 -- Specimen thumb impression for comparison - Suit for permanent injunction - Interim stay granted - Application for police help for compliance - Application for contempt proceedings - Defendants filed application for directions to plaintiff to give her specimen thumb impression for being compared with applications for police help..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Incorporation of plea of resjudicata - Suit for declaration challenging decree of Civil Court - Another suit qua the same matter in dispute decided by Civil Judge after filing of written statement - Application for amendment of written statement raising preliminary objection that suit barred..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37, Punjab Land Record Manual -- Change of khasra girdawari - Pendency of Civil Suit - Effect - Agreement to sell - Suit for specific performance - Prayer for permanent injunction restraining defendant from interfering in peaceful possession and from alienating etc. - Status quo ordered - Application for correction of..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Dispossession during pendency of injunction order - Restoration of possession - A party dispossessed in violation of order of injunction or stay order or acting in violation of said order - Court can by exercise of its inherent power put back the parties in the same position as they stood prior to the issuance..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Violation of stay order - Exercise of inherent power - Parties to suit violating order of injunction or stay order or act in violation of said order - Court in exercise of its inherent powers can put back the parties to the same position as they stood prior to issuance of injunction order - Appropriate..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ancestral Property - Stay of alienation - Compromise/family settlement among sons, father and minor son and widow of predeceased son - Settlement duly signed by parties - Minor son of predeceased son entitled to share in ancestral property in terms of family settlement - Grandfather entered into agreement to sell..........
