Civil Procedure Code, 1908, Section 144 -- Restitution - Tenant - Defendant demolished the roof of the tenanted portion of the house during the pendency of litigation - He cannot be allowed to take benefit of his own high-handed action - A tenant cannot be dispossessed except in due course of law and it would be unjust if the plaintiff is not allowed to stay in the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interlocutory mandatory injunction i.e. to relegate parties to status of last non - contested status - Prayer for direction to defendant No. 2 (who allegedly during pendency of suit, for permanent injunction restraining defendants from interfering with tenancy rights of plaintiff - tenant in the house, in which stay order..........
Criminal Procedure Code, 1973, Section 482, 173 -- Inherent powers of High Court - Stay of filing of final report u/s 173 - Complaint u/ss 405, 406 and 408 IPC - High Court staying filing of final report u/s 173 Cr.P.C. on ground suit for dissolution of partnership pending - Not justified - Impugned order is wholly extraneous to purpose for which power is preserved - It is..........
Civil Procedure Code, 1908, Section 96 -- Decree executed for want of stay order from the superior Court - The right of J.D. to prosecute the appeal is not lost without there being something to show that the judgment debtor had waived or consciously given up his right of prosecuting the appeal...........
Specific Relief Act, Section 28 -- Power of trial Court to grant extension of time in the light of peremptory order that suit shall be deemed to have been dismissed ab initio if plaintiff failed to deposit balance sale consideration within six months - Appellate Court stayed operation of judgment and decree of trial Court after appeal filed by defendant - Decree - holder..........
Constitution of India, 1950, Article 226 -- Interim stay - Liability to pay interest for the period when stay obtained till writ petition dismissed - State - authorities cannot be equated with private commercial institutions - Amount of compensation in form of interest - Should not amount to penalty despite the fact that person found to have jeopardised law - Party when..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Agreement to sell - Pursuant to agreement to sell vendee put into possession - Restraining interference in cultivating possession - No legal right vests in the plaintiff qua the property in dispute - No irreparable loss or injury is to be caused to the plaintiff if interim stay is not granted -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction against co-sharers in a suit for permanent injunction by prospective vendee claiming that possession of disputed property given to him on the basis of agreement to sell - Land jointly owned by co-sharers - Agreement nowhere depicts specific Killa numbers over which plaintiff put in possession - Plaintiff..........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 19 -- Ex parte order of injunction or stay - Tribunal under the Act has power to grant ex parte order of injuntion or stay...........
Negotiable Instruments Act, 1881, Section 138 -- Stay of criminal case during pendency of civil suit - Dishonour of cheque - Complaint filed - Prior to that accused filed a civil suit for recovery of their dues against the complainant and the matter involved in the civil suit and the complaint is similar - Trial of criminal cases cannot be stayed only for the reason that a..........
