Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - Suit and execution proceedings referred to in O.21.R.29 CPC should simultaneously be pending before very same Court and not before two different Courts which are not of co-ordinate jurisdiction...........
Civil Procedure Code, 1908, Order 7, Rule 11, Family Courts Act, 1984, Section 7 -- Rejection of plaint - Lack of jurisdiction - From the date of constitution of Family Court covering an area, any dispute between husband and wife concerning property owned by them or by any of them, Family Court alone shall have jurisdiction to decide and District Court or Subordinate civil..........
Hindu Marriage Act, 1955, Section 26 -- Custody of child - Merely because provisions under Guardians and Wards Act are specialized provisions in regard to custody and guardianship of children, that does not mean that S.26 of Hindu Marriage Act does not have application, particularly when proceedings under Hindu Marriage Act is pending before Family Court...........
Specific Relief Act, 1963, Section 38 -- Suit for possession and injunction - Land in question was an agricultural land qua which suit before Revenue Court for declaration of Khatedari rights had already been preferred by plaintiff and same is pending consideration - Where khatedari rights are yet to be determined/declared, a party has to first approach Revenue Courts - It..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application must be disposed of along with appeal - However, appellate Court dismissed the application pending disposal of appeal, which is against law - Impugned order of set aside - Matter remanded for decision afresh in accordance with law...........
Labour Law Dispute -- Parties to the dispute, in all pending cases and cases to be filed in future, shall be required to furnish their permanent address(es)...........
Indian Penal Code, 1860, Section 420, 465, 468, 471, 34 -- Cheating - Quashing of proceedings - Civil suits are pending between parties - Allegation of fabrication is not against petitioner - None of ingredients of any of provisions u/ss 420, 468, 471 IPC are made out against petitioner - Proceedings qua petitioner quashed...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Reduction of sentence - Accused is now 60 years of age - He actually undergone substantive sentence of 5 years, 1 month and 12 days by adding earned remission, out of total sentence of 7 years - No other case is pending against accused - Sentence reduced to period already undergone by him - However, remaining part..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay of 908 days in filing appeal - Defendants have not chosen to cross-examine PW1 and matter was pending for several years - They were set ex parte and application filed for setting aside ex parte decree is also dismissed - Defendants have only intended to drag on..........
Specific Relief Act, 1963, Section 28 -- Decree of specific performance - Recession of contract - Direction issued to JD to execute the sale deed within two months - DH was bound to make payment at any time within period of two months if JD had so approached to him with an offer of execution of sale - However, no direction issued to DH to deposit money with Court to make..........
