Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction to restrain defendants from alienating property mentioned in the plaint - Alienation of property during pendency of suit - Hit by doctrine of lis pendens under Section 52 Transfer of Property Act - Appellate Court order setting aside order of trial Court restraining alienation of property - Upheld...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108 -- Granting of opportunity to objector while entertaining objections under Section 47 read with Order 21 Rules 97 to 108 - Does not amount to permission for abusing the process of law or Court - Not incumbent upon Executing Court to put to trial every objections..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Complainant - Absent - If the presence of the complainant is not necessary on the day the complaint is fixed then resorting to the step of axing down the complaint may not be a proper exercise of the power envisaged in the section...........
Criminal Procedure Code, 1973, Section 256 -- Complainant - Absent - If the presence of the complainant is not necessary on the day the complaint is fixed then resorting to the step of axing down the complaint may not be a proper exercise of the power envisaged in the section...........
Punjab Public Premises and Land (Eviction and Rent Recovery) Act, Section 4,5,7 -- Principles of res judicata - Not applicable - Proceedings summary in nature-Doctrine of res judicata as envisaged in Section 11 Civil Procedure Code has no application to summary proceedings unless statute expressly applies to such orders - Principles laid down in Jee Ram's case 1980 PLJ 103..........
Civil Procedure Code, Section 58(2) -- Judgment-debtor cannot be sent to civil prison for the second time with regard to same decree - Application under Order 21 Rule 37 for sending judgment-debtor to civil prison - Judgment-debtor already sent to civil prison for a period of 30 days under the decree - Cannot be sent to civil prison for the second time with regard to the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Suit for declaration to be owner in possession with consequential relief of permanent injunction restraining defendant - Bank from selling property for realisation of debt claiming to have been cultivating suit land as tenant - at - will under erstwhile owners, purchased tenancy land under Section 18 Punjab Security of..........
Criminal Procedure Code, 1973, Section 439 -- Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 - Bail - Alleged recovery of Charas weighing about 450 grams - Search allegedly carried out in the presence of DSP - No independent witness joined - Submission that there has not been strict compliance of provisions of Section 50 of the 1985 Act - Held that..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 397 -- Dishonour of cheque - Question raised is whether notice of demand for payment issued by payee, is time barred or not - Held, it is a question of fact which has to be decided by trial Magistrate - Bar against revision under Section 397 cannot be defeated by invoking inherent..........
Punjab Public Premises and Land (Eviction and Rent Recovery) Act, Section 4,5,7,17(2)(f) -- Procedure to be adopted by Authorities while trying petition or application under various provisions of the Act - Must be in consonance and conformity with provisions of Act, Rules framed thereunder, principles of natural justice and basic rule of law - In absence of specific..........
