Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Preventive detention - Order challenged at pre-execution stage - Stay by High Court - Matter disposed of by High Court after 5 months - Order cannot be quashed on ground that it became stale...........
Civil Procedure Code, 1908, Order 4, Rule 1 -- Suit instituted after office hours or on a holiday at the residence of Presiding Officer - No Judicial Officer would refuse to exercise his discretion in a case of urgency justifying the grant of appropriate relief in the form of injunction or stay order in appropriate case...........
Hindu Succession Act, 1956, Section 14(1) - - House provided to concubine in view of her pre-existing right of maintenance over property of her paramour - Any property acquired by a female Hindu in lieu of maintenance gets enlarged as an absolute estate u/s 14(1) - Concubine lived with her paramour for a considerable time in the house purchased for her stay till his death..........
Limitation Act, 1963, Section 15(1), Article 136 -- Execution - Limitation - Deductions for period for which proceedings had been stayed - Permissible irrespective of the fact as to who had obtained such stay order from the Court...........
Punjab Land Revenue Act, 1887, Section 117, 116 -- Partition proceedings whether can continue during pendency of civil suit - Neither any reference to nature of civil suit nor any specific order of Civil Court staying proceedings of partition - Failure to establish that question of title involved and yet to be decided - No need to stay partition proceedings - Partition..........
Khasra Girdwari -- Correction of entry - Possession of party on disputed land upheld by various Civil Court decisions and stay order against dispossession - Revenue Authority cannot change entries in revenue record till final decision by Civil Court - Entries in Khasra Girdawari are to confirm the factum of possession which goes in favour of the party - Punjab Land Records..........
Constitution of India, 1950, Article 226 -- Delay and laches in challenging acquisition - Petitioners whose land acquired aggrieved by the fact that land not being put to use for the purpose for which it was acquired even though urgency clause invoked - Mere fact that land not put to use for the purpose it was acquired - By itself does not justify delay and laches -..........
Criminal Procedure Code, 1973, Section 210(2), 156 -- Cross case - FIR lodged but challan not submitted - In the meanwhile complaint filed in respect of same offence - Magistrate is required to stay the proceedings or can refer the complaint to police under S.156(3) Cr.P.C. - In case police report is submitted and a complaint has been filed then Magistrate is under an..........
Civil Procedure Code, 1908, Section 47 -- Exparte decree - Execution - Objections - Decree alleged to be nullity as obtained without service of summons on the objector - Held, without moving an application to set aside the exparte decree or obtaining stay of execution of decree it does not lie in the mouth of the petitioner to say that decree is a nullity in the eye of law..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution of decree - Stay of - Application for - Already expressed prima facie opinion - Would not be binding on it while deciding application under O.21.R.97...........
