Punjab Pre-emption Act, 1913, Section 14, 15 -- Pre-emption - Rights of parties are to be determined in a pre-emption suit with respect to the rights of the pre-emptor on the date of sale, filing of suit and date of decree - Subsequent events will not effect the rights of the pre-emptor as the appeal is only continuation of suit...........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - An appeal or execution proceedings is a continuation of the suit and lis pendens continues during the appeal or execution...........
Appeal -- Continuation of suit - If ends of justice so require - Appellate Court can take cognizance of subsequent events...........
Limitation Act, 1963, Article 74 -- Malicious prosecution - Suit for compensation - Limitation is one year - Starts running from date of acquittal or termination of prosecution at the first instance - Appeal against acquittal - Does not amount to continuation of prosecution...........
Appeal and Review -- Fundamental difference between right of appeal and power of review - Appeal a substantive right of a party to Us, not merely a matter of procedure, cannot be taken away except by express enactment or necessary intendment, intention to interfere with or impair or imperil such a vested right of appeal cannot be presumed unless manifested by express..........
Civil Procedure Code, 1908, Section 10 -- `Pending suit' - Appeal is continuation of the suit...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13B -- as added by Haryana Act No. 34 of 1974 - Scope of - Appeals pending before appellate Court - Cannot be transferred to Assistant Collectors or Collectors - Collector not authorised to set aside decrees passed by Civil Court - Appeals not covered by Section 13-B.
The language used in Section 13-B..........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Future mesne profits - Cannot be asked for in the plaint itself - Can be sought by petition U/O.20.R.12 - Appeal is continuation of suit and relief sought can be granted - Must be incorporated in the decree that becomes final - If not included, relief can be sought only by a separate suit...........
