Constitution of India, 1950, Article 22(5) -- COFEPOSA Act, Section 3(1) - Detention order - Respondent before surrendering filed writ petition and obtained ad interim stay - On vacation of stay by learned single judge, the Division Bench in appeal granted ad interim relief and extended the same from time to time - Held that proper order which was required to be passed was..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining alienation of property during pendency of suit - Both the parties having Wills of the deceased in their favour and disputing the rights of each other - Validity of Wills still to be determined - Will in favour of plaintiff executed later in time cannot be ignored at the interim stage..........
Land Acquisition Act, 1894, Section 6 -- Explanation I - Quashing of notification u/s 6 of the Act on ground that it was issued beyond one year from the date of publication of Section 4 notification - Appeal - Section 4 notification was 27th May, 1993 and Section 6 notification was 8th June, 1994 - Respondents had challenged Section 4 notification before High Court -..........
Civil Procedure Code, 1908, Section 10 -- Stay of earlier suit - Not permissible - For stay of suit - Only provision is Section 10 - Two conditions under Section 10 are : (i) parties to two suits are the same, and (ii) prayer is for stay of later suit - Plea that since case relates to partition of immovable property and partition of house cannot be conveniently made..........
Civil Procedure Code, 1908, Section 151 -- Stay of civil suit during pendency of criminal case - Ordinarily civil suit not to be stayed merely due to the pendency of criminal case for the very same incident - In exceptional circumstances civil suit can be stayed - Civil suit claiming Rs.8, 46, 000/- as compensation on ground that the defendants had killed the son of..........
Civil Procedure Code, 1908, Order 21, Rule 26, Civil Procedure Code, 1908, Order 9, Rule 13 - - Challenge in revision to blanket stay of execution of ex parte decree without imposing any terms and conditions on judgment - debtor in proceedings under Order 9 Rule 13 for setting aside ex parte decree - Normally such order does not call for any interference by High Court -..........
Civil Procedure Code, Section 10 -- Essential requirement that matter involved must be substantially the same - May not be wholly identical - Words 'directly and substantially in issue' used in contradistinction to words 'incidentally or collaterally in issue' - Identity of matter in both suits means that whole of the subject - matter in both proceedings is identical and..........
Civil Procedure Code, Section 10 -- Stay of subsequently filed suit - Prayer made in earlier suit a negative prayer that Electricity Board should not grant any connection to defendants without hearing plaintiffs and in the subsequent suit filed by defendants prayer for installation of new connection - Points raised by defendants in subsequent suit cannot be said to be..........
Constitution of India, 1950, Article 226 -- PIL challenging action of Government in converting Tourist Complex into residential accommodation for Deputy Commissioner - Authorities emphasised that it was only a temporary arrangement - Denial of a facility to stay and/or to eat to hundreds of people for whom it had initially been created - Not proper to convert a public..........
Civil Procedure Code -- Not applicable to execution of pre-emption decree for possession - Order 41 Rules 6 and 8 applicable in a case where any immovable property in execution of decree being sold - Suit for possession by way of pre-emption decreed, same upheld upto Supreme Court, in execution objections of judgment-debtor dismissed, same upheld by High Court, Special..........
