Civil Procedure Code, 1908, Order 21, Rule 26 -- Execution - Mere pendency of writ petition does not amount to stay of execution proceedings - Unless and until a stay order is presented Executing Court is free to execute the decree...........
Land Acquisition Act, 1894, Section 11A -- Land acquisition - Final award has to be passed within two years from the date of publication of declaration u/s 6 of the Act - In computing period of two years period during which an order of stay operated has to be excluded - If final award is not passed within two years the land would revert back to the land owner because of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Wife and daughter - Plea of wife that wife is staying away from matrimonial home without any rhyme or reason - Husband convicted in an offence u/ss 498-A and 406 IPC - Wife subjected to mental and physical cruelty - Sufficient reason for wife to stay away from matrimonial home - Husband failed to prove that wife..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 2(dd) -- NRI - Meaning - For the purpose of the Act it means a person when either permanently or temporarily settled outside India in either case, for or on taking up employment outside India or for carrying on a business or vocation outside India or for any other purpose, in such circumstances, as is indicated his..........
Civil Procedure Code, 1908, Order 21, Rule 89, Limitation Act, 1963, Article 127 -- Auction sale - Setting aside - Limitation - Extension of period of limitation during which stay of execution was granted - Held, stay whether obtained by J.D. or by any other person is not relevant for consideration - The only question relevant for consideration is whether J.D. could have..........
Limitation Act, 1963, Section 3, Article 127, Civil Procedure Code, 1908, Order 21, Rule 89 -- Setting aside of auction sale - Limitation - Extension of period during which stay of execution was granted - Relevant question for consideration is whether J.D. was prevented from taking any further steps in the execution proceedings and not whether it was J.D. or some other..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Defendant made a statement that he will not demolish the wall - In view of statement case adjourned for filing written statement and reply to stay application - Written statement filed - Two days thereafter wall demolished - View taken by Courts below that statement of defendant that he shall not demolish wall was valid..........
Punjab Pre-emption Act, 1913, Section 19 -- Suit for ejectment of tenant decreed - Tenant continued in possession after ejectment order - Order of ejectment stayed by the appellate authority - Landowner selling land despite stay order - Held, ejectment order obtained by landlord, against the tenant, although not executed, puts an end to the relationship of landlord and..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 120B -- Bail - Offence that can be made against petitioner is u/s 120-B IPC - Accused a lady and mother of four months child - By her in incarceration, the child would also be forced to stay in the jail - Bail granted...........
Land Acquisition Act, 1894, Section 11A -- Limitation for pronouncement of award - Land acquired for construction of bus stand - Award not pronounced within two years from the issuance of notification u/s 6 of the Act deducting period of litigation/stay - Notification quashed - Held, Govt. cannot be allowed to freeze the price of land by issuing notification u/s 4 of the..........
