Civil Procedure Code, 1908, Section 9, Indian Contract Act, 1872, Section 73, Arbitration Act, 1940, Section 34 -- Contract of insurance - Breach of contract - Damages suit - Plea of bar of jurisdiction - Arbitration clause pleaded - Civil Courts jurisdiction was barred - But defendant not making any application under S.34 of Arbitration Act - Seeking stay of all further..........
Administrative Tribunals Act, 1985, Section 19,20,22 -- Jurisdiction - Selection - Stay of process - Comparison of merit of candidates inter se did not legitimately fall with in the jurisdiction of tribunal so long as the process is free from malice or other irregularity - Order of stay passed by the tribunal certainly a case of improper exercise of jurisdiction vested in..........
Consumer Protection Act, 1986, Section 15,17 -- Appeal/revision - Refund - Undisputed amount - The mere fact of filing of an appeal/revision will not entitle the authority not to comply with the order of the Forum unless there is order of stay from a higher forum - In such cases the higher forum should, before entertaining the appeal/revision, ensure that the order is..........
Arbitration and Conciliation Act, 1996, Section 6(1), 8, 16, Interest on Delayed payments to Small Scale and Ancillary Industrial Undertakings Act, 1993, Section 6 -- Claim petition filed before Council - Council issued notice to respondent - Respondent filed civil suit for declaration that claim petition of appellant is ultra vires provisions of the Act - Civil Court..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Preventive detention - Order of detention stalled by detenu by obtaining stay order of Court - Order of detention does not become infructuous if the period for which detention was ordered is over...........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Preventive detention - Order challenged at pre-execution stage - Stay by High Court - Matter disposed of by High Court after 5 months - Order cannot be quashed on ground that it became stale...........
Civil Procedure Code, 1908, Order 4, Rule 1 -- Suit instituted after office hours or on a holiday at the residence of Presiding Officer - No Judicial Officer would refuse to exercise his discretion in a case of urgency justifying the grant of appropriate relief in the form of injunction or stay order in appropriate case...........
Hindu Succession Act, 1956, Section 14(1) - - House provided to concubine in view of her pre-existing right of maintenance over property of her paramour - Any property acquired by a female Hindu in lieu of maintenance gets enlarged as an absolute estate u/s 14(1) - Concubine lived with her paramour for a considerable time in the house purchased for her stay till his death..........
Limitation Act, 1963, Section 15(1), Article 136 -- Execution - Limitation - Deductions for period for which proceedings had been stayed - Permissible irrespective of the fact as to who had obtained such stay order from the Court...........
Punjab Land Revenue Act, 1887, Section 117, 116 -- Partition proceedings whether can continue during pendency of civil suit - Neither any reference to nature of civil suit nor any specific order of Civil Court staying proceedings of partition - Failure to establish that question of title involved and yet to be decided - No need to stay partition proceedings - Partition..........
