Service -- Departmental enquiry - Simultaneous disciplinary proceedings and criminal proceedings - Permissibility - (i) Both can proceed simultaneously; (ii) If both are based on identical and similar set of facts and the charge in the criminal case is of a grave nature which involves complicated questions of law and fact then departmental proceedings can be stayed till..........
Civil Procedure Code, 1908, Section 115, Order 21, Rule 21 -- Execution of money decree - Mortgaged property ordered to be sold - Stay of sale - Revision - Revisional Court modifying rate of interest and waiving part of interest - Not correct - It is not open to High Court in revision arising out of execution proceedings to work out amount of loan due and payable by..........
Punjab Land Revenue Act, Section 117, 111 -- Stay of partition proceedings - Mutation entered on the basis of registered Adoption Deed - Adoption Deed challenged in Civil Court which suit is still pending - Plea that partition proceedings should be stopped till judgment of Civil Court is received - Not tenable - Partition proceedings need not be held up because the matter..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Non payment - Husband filed petition for divorce in Court at place `A' - Wife filed petition for restitution of conjugal rights at place `B' - Maintenance pendente lite granted by Court at place `B' - Application by wife before court at place `A' seeking stay of proceedings pending in that Court -..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Suit for recovery of damages for not supplying the rice agreed upon - Subsequent suit for recovery of the amount for the unpaid price of the rice - Held, both suits are not substantially the same...........
Civil Procedure Code, 1908, Section 10 -- Stay of earlier suit - Provisions of S.10 do not provide for stay of earlier suit pending disposal of subsequent suit - No recourse can be taken to S.151 of Code to stay earlier suit...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Wife misbehaved continuously not only with the husband but child also due to which child had to live in the Creche and husband in a separate rented house and had to leave his own house - Wife refused to cook and wash clothes of the husband and he had to do all himself - Reasonable belief of husband that continuous..........
Civil Procedure Code, 1908, Section 10 -- Three basic ingredients before Court directs stay of subsequently instituted suit - (1) matter in issue also directly and substantially involved in previously instituted suit, (2) between the same parties or between parties under whom they or any of them claim litigating under same title, and (3) suit pending in the same or any..........
Civil Procedure Code, 1908, Section 11 -- Res judicata, applicability to execution proceedings - Second application for stay of execution proceedings after dismissal of first application - Does not lie...........
Civil Procedure Code, 1908, Section 10 -- Stay of suit - Issue of jurisdiction raised by defendant in previously instituted suit - Not a ground that defendant cannot invoke provision of S.10 in suit subsequently filed...........
