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...........
Sick Industrial Companies (Special Provisions) Act, 1985, Section 22,16 -- Stay of proceedings - Rejection of application filed by plaintiff-firm for stay of proceedings as proceedings under SICA pending before BIFR - Order neither containing any reasons for rejection nor dealt with the material available on the record - Impugned order liable to be set aside - Matter..........
Civil Procedure Code, 1908, Section 122 -- Civil Rules of Practice, R.54 - Payment of witness Bata - Rules made much earlier - Not relevant to present time realities - Far from satisfactory - Requires a thorough review - Rule should include travel expenses, food expenses and stay expenses - Should insist advance deposit of witness Bata to enable immediate payment to..........
Fatal Accidents Act, 1855, Section 1A,2 -- Electricity Rules 1956, R. 91 - Indian - Compensation - Electrocution - Death - Negligence - Burden of proof - It is established beyond iota of doubt that the deceased had died due to electrocution when he came in touch of the stay wire attached to the electric pole - Held that the onus to show that the electric line and pole..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Departmental proceedings - Stay during pendency of criminal proceedings launched on the same set of facts - AIR 1997 SC 13 followed wherein held : (i) Both proceedings can continue simultaneously; (2) If charge in criminal case is of a grave nature which involves complicated questions of law and fact then departmental..........
Contempt of Courts Act, 1971, Section 12 -- 'And stay granted' - Words interpolated in Court order whereas no stay was granted - It is contempt of Court - Writ petition dismissed with costs - Initiation of contempt proceedings does not amount to double jeopardy...........
