Himachal Pradesh Land Revenue Act, 1954, Section 128, Punjab Land Revenue Act, 1887, Section 116 -- Question of title - Whether involved or not - Revenue Officer to determine after preliminary enquiry - Mere raising of plea or insistence of a party that such a question exists - Does not make it incumbent upon Revenue Officer to accept it as such - Stay of partition..........
Punjab Gram Panchayat Act, 1952, Section 13B, 13C, 13N, 13V -- Prescribed Authority and Appellate Authority - Courts or Tribunals of exclusive jurisdiction - Have to decide matter raised before them independently on the basis of evidence placed before them - Pendency of similar dispute in Civil Court - No ground to stay decision of election petition or appeal under the..........
Civil Procedure Code, 1908, Section 10 -- Stay of second suit-Earlier suit for declaration decreed by Trial Court which decree affirmed by First Appellate Court and Regular Second Appeal pending in High Court for disposal - Second suit for possession - Property in dispute same in both suits as also the parties - Result of Regular Second Appeal would determine whether..........
Civil Procedure Code, 1908, Section 10, 11, 12, Order 7, Rule 11, 13 -- Stay of second suit - Object of Section 10 - Only one suit on the same cause of action should be allowed to be proceeded with at the same time - After adjudication of first suit on merits - Fate of second suit would be determined by principles of res judicata - Principles of res judicata embodied Id..........
Civil Procedure Code, 1908, Section 10 -- Stay of suit-Previous litigation pending between the parties before Revenue Court - Relief claimed in Revenue Court for conferring occupancy rights on plaintiff whereas in suit before Civil Court relief claimed for grant of permanent injunction to restrain defendants from interfering with their possession of suit land -..........
Civil Procedure Code, 1908, Section 151 -- Stay of suit under inherent powers u/s 151 CPC - Court can and will interfere when there is vexation and oppression to prevent the administration of justice being perverted for an unjust end. The power to be exercised sparingly and strictly within principles. First principle is balance of convenience which is not sufficient..........
Civil Procedure Code, 1908, Order 20, Rule 14 -- Decree in a pre-emption suit - Imposes obligations on both sides - If obligation imposed upon one party stayed by Appellate Court - Automatic stay of reciprocal obligation on other party - Appellate Court if extends time for depositing preemption money - No exception can be taken if amount deposited by the time extended-..........
Civil Procedure Code, 1908, Section 151, 144 -- In execution of ex-parte decree possession obtained Decree set aside & application for restitution u/s 144 CPC filed Recovery of possession cannot be stayed because the plaintiffs believe a good case to succeed and get a decree for eviction and this is no ground for a stay as a decree, in which the plaintiffs obtained..........
Punjab Co-operative Societies Act, 1961, Section 3 - - Exercise of powers by Officers exercising co-ordinate jurisdiction - Stay granted in absence of petitioner by Assistant Registrar exercising powers of Registrar - Petitioner applying for vacation of stay order - Joint Registrar exercising powers of Registrar can re-decide the matter after hearing the petitioner - No..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Money decree - Stay of until disposal of appeal - Decretal amount sufficiently heavy - Financial position of appellant likely to be adversely affected if made to pay decretal amount - Sufficient cause for staying execution of money decree...........
