Civil procedure Code, 1908, Section 144, Order 39, Rule 1, 2, Transfer of Property Act, 1882, Section 52 -- Exparte eviction order - Tenant evicted - Exparte decree set aside and court ordering restitution of possession - In the meantime landlord transferred property who inducted tenant - Tenant filing suit and sought temporary injunction restraining execution of order of..........
Contempt of Courts Act, 1971, Section 11, 12 -- Contempt - Violation of ex parte interim order - Application for vacating interim order still pending -Contempt of Court proceedings not to be taken up till the stay matter is finally decided...........
Civil procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Eviction decree - Stay of execution of eviction decree sought by married daughter of deceased original tenant who was not a party to the eviction petition - Eviction decree becoming final into Supreme Court - Held, injunction should not be granted unless there is positive evidence of her..........
Civil Procedure Code, 1908, Section 115, Order 9, Rule 13 -- Exparte decree - Setting aside - Stay of execution - Stay granted on condition of depositing costs and half of decretal amount - No error of jurisdiction in passing the said order - Revision against - Not maintainable...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - In earlier suit, wife seeking custody of son - In subsequent suit, husband seeking his appointment as guardian of son and applying for direction that he be given interim custody of son - Subsequent suit involves substantially same questions of fact with respect to custody of child which have to be decided..........
Civil Procedure Code, 1908, Order 21, Rule 2 -- Adjustment - Strong prima facie case in favour of adjustment is necessary for stay of execution of decree...........
Civil Procedure Code, 1908, Section 10, 151 -- Stay of suit under section 10 - Requirement of S.10 not satisfied - Even then Court has power to grant stay under section 151 provided the Court is satisfied that such a recourse is necessary for the ends of justice or to prevent abuse of the process of the Court, and it is not violative of any express and specific provision..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Both suits founded on totally different and independent causes of action - Subsequently filed suit cannot be stayed when matter involved in both the suits is not the same...........
Criminal Procedure Code, 1973, Section 125 -- Decree for restitution of conjugal rights obtained by husband - Not an absolute bar for wife claiming maintenance - Maintenance can be granted if wife has justifiable grounds to stay away from her husband...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Decree for restitution of conjugal rights not an absolute bar for consideration of maintenance petition - If the court is satisfied that wife had justifiable grounds to stay away from the husband, maintenance can be granted...........
