Civil Procedure Code, 1908, Order 41, Rule 5 -- Admission of appeal does not amount to stay of execution...........
Service -- Department enquiry - Criminal case on same facts also pending - Stay of departmental enquiry not found in interest of maintaining efficiency of service and also in public interest - Stary refused...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Proviso - Scope of - Only when proved prima facie that there is a question of title that Assistant Collector required to decide the same under Section 13A - Assistant Collector has to be satisfied that title prima facie proved and question required o be adjudicated - Not in each and every case where title of..........
Civil Procedure Code, 1908, Section 10, 151, 11 -- Expln.VIII - Stay of Civil stay of Civil Suit - Eviction proceedings pending - Relationship of landlord and tenant denied - Subsequent civil suit for recovery of arrears of rent - liable to be stayed under Section 10 CPC by taking aid of S.151 CPC in view of Expln.VIII of S.11 CPC...........
Civil Procedure Code, 1908, Section 10, Constitution of India, 1950, Article 20(3) -- Stay of civil suit on ground of pendency of criminal proceedings - Held, for expediency the civil suit may be stayed, considering the facts of both the cases and stage of the two proceedings...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 41, Rule 5 -- Executing Court staying execution proceedings on the ground that a regular second appeal is pending - Held, it is well settled that mere pendency of an appeal is no ground to stay execution proceedings; Held further that once an appeal is filed it is for the appellate Court and..........
Civil Procedure Code, 1908, Section 115, Order 38, Rule 5 -- Revisional Court staying further proceedings in the suit-trial has jurisdiction to consider the application under order 38 rule 5 during subsistence of stay order...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay of execution - Legal orders passed by Authorities under any statute Usually not done because by enforcing that order party not committing any wrong...........
Pepsu Tenancy and Agricultural Lands Act, 1955, Section 7(1)(b) -- Assistant Collector ordered that in case tenant failed to deposit arrears of rent within six months he shall be liable to ejectment - Collector granted ad interim stay on appeal by tenant - Tenant deposited arrears of rent during pendency of appeal but deposit made not within six months of date of decree of..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - application u/s.10 is entertainable before filing written statement - however if it is not possible for court on a perusal of the two plaints to come to a definite conclusion as to whether the matter in issue in both the suits is directly and substantially the same or not court can keep the application..........
