Electricity Act, 1910, Section 26(6), 24 -- Electrical dues - Non payment - Demand made after six months - No pilferage, defective meter or theft of electrical energy alleged - Demand based on mistake in calculation - S.26(6) is not applicable - Board has right under S.24 to disconnect supply for non payment of charges - Stay against disconnection - Stay is granted subject..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Execution - Stay during pendency of decision of application U.O.9.R.13 - Application for stay of execution dismissed - High Court stayed execution and directed trial Court to dispose of the application of petitioner to set aside ex parte decree within 3 months...........
Punjab Co-operative Societies Act, Section 68 -- Interim stay during pendency of appeal - Up to Appellate Authority to grant interim stay, taking in view facts of the case, as it may deem fit - Plea that in view of decision of Supreme Court in Kirpal Singh's case AIR 1986 S. C. 300, Appellate Authority ought to have granted absolute stay of operation of impugned order till..........
Punjab Public Premises and Land (Eviction and Rent Recovery) Act, Section 9,4,5,7 -- Interlocutory order i.e. order not falling under three clauses : (1) order of eviction, or (2) order relating to recovery of damages, or (3) order under Section 7(2) , and also any other order not relating to these three basic reliefs - Not appealable under Section 9 - Order passed on..........
Punjab Land Revenue Act, Section 34,35,36,37 -- Mutation of inheritance on the basis of Registered Will - Incorporated in latest Jamabandi - Civil Court set aside Registered Will - Appeal pending and judgment of lower Court stayed - Correct procedure to safeguard interest - Entry should be made by Halqa Patwari in Rapat Roznamcha relating to decree and stay along with..........
Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act -- Amendment of Act to provide for constitution of Tribunal - High Court directed Government of Haryana to bring about suitable amendment in the Act to provide for constitution of a Tribunal to deal with and examine cases involving constructions made upto 28.4.1995 (date of decision in..........
Constitution of India, 1950, Article 226 -- Non-disclosure/concealment of material facts - Duty of petitioner to make full and candid disclosure of all facts and leave it to Court to determine whether relief to be given or not - Petitioner also under a duty to make all efforts to find out all facts of the case before filing the petition and cannot be heard to say that he..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - The issue in the suit should have been directly and substantially a issue in the previously instituted pending suit between the same parties - It is not mere identity of the subject matter, but it is the identity between the field of controversy in the two suits that should be substantially the same...........
Civil Procedure Code, 1908, Section 10, Transfer of Property Act, 1882, Section 108(e) -- Injunction suit against landlord as harassment caused with intention to compel to vacate leased premises - Improvement Trust initiated acquisition proceedings of one out of three rooms from leased premises for widening of road - Landlord informed Corporation for demolition of entire..........
Civil Procedure Code, 1908, Section 115, Order 41, Rule 5(2), Civil Procedure Code, 1908, Order 39, Rule 2 -- Suit for permanent injunction - Decreed - Appeal against - Mere filing of an appeal does not operate as stay of decree - Appellate Court shall not pass an order of stay of such a decree U.O.41.R.5(2) - It has to pass an order of temporary injunction U.O.39.R.2 if..........
