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..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(1)(2),13(2) -- Arrears of rent - Provisional rent assessed - Challenged by filing Revision - Stay granted to tenant - Revision dismissed - Tenant did not seek permission of Revisional Court as to when rent was to be deposited - Held, once interim protection granted in revision is taken away tenant should have either..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Provisional rent assessment - Appeal filed thereagainst - Mere filing of an appeal is not a ground to extend time for payment of rent provisionally assessed in absence of stay of impugned order or proceedings before Rent Controller - This can be viewed from another angle also as after eviction..........
Civil Procedure Code, 1908, Section 10, 151 -- Stay of suit - Not applicable for stay of earlier instituted suit - Held, when S.10 CPC has not any application, the provision of S.151 CPC cannot be invoked so as to bye-pass the provision of S.10 CPC...........
