Guardians and Wards Act, 1890, Section 7, 25, Hindu Minority and Guardianship Act, 1956, Section 6 -- Girl child aged 12 years - Custody - Given to father - Father lawyer and mother paediatrician - Interview of child by Family Court - Child preferred to stay with father - Custody given to father - High Court appointed Psychiatrist to interview father and mother to make a..........
Civil Procedure Code, 1908, Section 151 -- Stay of suit on ground of abuse of process - Defendant is required to show very strong case in his favour - Court can exercise power to stay suit if defendant shows that action impugned is frivolous, vexatious or is taken simply to harass the defendant or where there is no cause of action in law or in equity - Power of Court..........
Civil Procedure Code, 1908, Section 151 -- Civil suit - Stay prayed for - Plea of pendency of criminal case regarding same defamatory matter also pending - Not likely to cause any prejudice - Stay refused - Proper...........
Land Acquisition Act, 1894, Section 11, 11A -- Explanation - Period within which award shall be made - Exclusion of period of stay - Limitation of 2 years for making an award from the date of publication of declaration U/s 6 - Respondent society apprehensive of Govt. not approving award within statutory period, filed writ petition - High Court stayed the operation of the..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Death of wife by hanging - Prosecution of husband and parents - Appellant was staying with his adoptive father and had shifted to place of his natural father only 15-20 days before date of incident - Evidence to show that allegations of taunting on deceased for not bringing sufficient dowry were..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - First suit filed by wife of deceased partner claiming her own independent right as legal heir of deceased partner - Second suit by daughter of deceased partner for a declaration that she is entitled to 1/4th share of the deceased's interest in the partnership firm as legal heir and representative she also..........
Indian Penal Code, 1860, Section 302 -- Murder - Death of wife by encircling electric wire round her neck and strangulating her to death - Every time deceased went to stay with appellant, he used to consume liquor and subjected her to mental torture and physical cruelty by beating her - Case based on circumstantial evidence - Strained relations between deceased and accused..........
Civil Procedure Code, 1908, Section 10, Order 39, Rule 1, 2 -- Stay of suit u/s 10 CPC - Court can still decide application U.O.39.Rr.1 & 2 CPC...........
Limitation Act, 1963, Article 54, Specific Relief Act, 1963, Section 16 -- Agreement to sell - Suit for specific performance - Agreement dated 10.3.1989 and suit filed on 15.9.1995 - Prior to plaintiff's suit, a suit for specific performance filed by third person against defendant - Court granted interim stay in that suit - Agreement in question stipulated that sale deed..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Ejectment of tenant - NRI landlord -Non Resident Indian - It is sufficient that a person of an Indian origin establishes that he has permanently of temporarily settled outside India for his business or on account or his employment, or for any other purpose which would indicate his intention to stay outside India..........
