Punjab Land Revenue Act, 1887, Section 15 -- Appointment of Lambardar - Stay - Validity - Single Judge totally ignored the fact that even before his appointment as Lambardar, appellant was working as Sarbrah Lambardar - After his appointment as Lambardar by Collector, not only sanad of Lambardari was issued, but he had also started functioning on said post - Held, in such..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Mandatory injunction against i, laws - Property owned by father-i, law - Right of daughter-i, law to stay there - Held, prima facie daughter-i, law does not have a right to stay in the property owned by father-i, law and cause nuisance to old couple - She can be permitted to retain possession of the room in question by..........
Limitation Act, 1963, Article 136 -- Decree - Execution - By a separate suit decree challenged to be result of fraud - Suit remained pending for 21 years - At no point of time, there was any order of any Court directing stay of operation of judgment and decree - Held, In the absence of any interdiction from any Court, the decree holder was entitled to execute the decree -..........
Limitation Act, 1963, Article 136 -- Execution of decree - Limitation - Time once starts to run cannot be arrested when separate suit challenging the decree is filed or when an appeal is filed, in the absence of stay of operation of judgment and decree...........
Maharashtra Land Revenue Code, 1966, Section 247, Civil Procedure Code, 1908, Section 54 -- Partition - Effecting of - Appeal - Refusal to grant stay - Legality of - Two questions were raised in appeal u/s 247 before the S.D.O. - (i) that no notice was issued to respondent No.1 and (ii) that partition was hit by provisions of S.8AA of the Bombay Prevention of Fragmentation..........
East Punjab Urban Rent Restriction Act, 1949, Section 15(1)(b) -- Appeal - Deposit of entire arrears of rent - Held, S.15(1)(b) of the Act empowers the aggrieved person to file an appeal against order of Rent Controller before the Appellate Authority within 15 days - There is no condition of depositing any arrears of rent at the time of filing of appeal - S.15(2) empowers..........
Criminal Procedure Code, 1973, Section 210 -- Further inquiry/proceedings - Stay - Legality - There is no investigation by police officer with respect to offence in progress in relation to the same offence, which was subject matter of inquiry before Magistrate, after registering the information/complaint as FIR by concerned police officer or investigation being carried out..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Not a bar for passing interlocutory orders such as an order for consolidation of the later suit with the earlier suit or appointment of a Receiver or an injunction or attachment before judgment - The course of action which the Court has to follow is not to proceed with the `trial' of the suit but that..........
Criminal Procedure Code, 1973, Section 210 -- Complaint case as well as police investigation - Stay of trial - Power of Magistrate u/s 210 Cr.P.C. - Held, in order to attract provision contained u/s 210 of the Code and invest Magistrate with power to stay proceedings of trial, the condition is that on the date of filing of complaint, investigation by police must be in..........
Criminal Procedure Code, 1973, Section 482 -- Stay of investigation and trial - Very extra ordinary power of High Court - Such power to be exercised sparingly only to prevent an abuse of the process and to promote the ends of justice - High Court should finally dispose of such proceeding as early as possible but preferably within six months from the date the stay order is..........
