Arbitration Act, 1940, Section 34 -- Stay of further proceedings - Person seeking stay has to plead and satisfy Court that he was ready and willing to refer the dispute between the parties to arbitration...........
Housing -- Plot allotment - Non-delivery of possession - Allotment was made in 1975 - Registration of sale deed was done in 1988 - Despite payment of the entire price of the plot, possession not delivered to the complainant - Contention of the Respondents that the possession could not be delivered by it on account of the stay order of the High Court and pendency of Writ..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Subsequent suit can be stayed only if (i) Matter in issue is directly and substantially in issue in a previously instituted suit between the same parties; (ii) previously instituted suit is pending and (iii) the previously instituted suit is pending in any of the Courts and such Court is a Court of..........
Criminal Procedure Code, 1973, Section 420 -- Agreement to sell - However, property sold to some other person - FIR u/s 420 IPC - Civil suit for specific performance also filed - Written statement also filed - No question of harassment or embarrassment from continuing the criminal proceedings - Petition for stay of criminal proceedings dismissed...........
Criminal case -- Stay during pendency of civil suit - Forgery and fraud - In such cases there is always some element of civil nature - Criminal case proceedings cannot be quashed only because the respondents had filed a civil suit with respect to the documents - In a criminal Court the allegations made in the complaint have to be established independently, notwithstanding..........
Rent and Eviction -- Bona fide requirement - Son of landlady constructed a house but landlady wanted to stay in her own house - It is not the case of the tenant that landlady has any other suitable accommodation - Landlady cannot be compelled to reside with her son as case of landlady was that she wanted to stay by herself in the suit premises because of her health..........
Civil Procedure Code, 1908, Order 21, Rule 11 -- Execution - Stay by appellate Court - When appeal is dismissed affirming the decree without any alteration then execution petition filed earlier can be continued...........
Medical negligence -- Improper diabetic management alleged - Complainant's foot was diagnosed as infected diabetic gangrene in the respondent-hospital - Blood glucose found to be 500 mg. - It never reached that high level again during his stay - Most of the time/days it was less than two hundred - Complainant's case that he should have been seen by a Diabetologist -..........
Medical negligence -- Fluid overload - Complainant's foot was diagnosed as infected diabetic gangrene in the respondent-hospital - Allegation that even during renal failure the complainant was given blood transfusion and protein infusions, leading to overload of fluids in the system resulting in the damages of vital organs - Complainant had to be admitted in another..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 210 -- Complaint case and police case over same matter - Magistrate to stay complaint case and call for a report from police - S.210 Cr.P.C. is not attracted where complaint is u/s 138 NI Act as cognizance of offence u/s 138 NI Act can only be taken on a complaint filed by payee...........
