Civil Procedure Code, 1908, Section 144, Order 41, Rule 5 -- Provisions of Section 144 - Mandatory - Stay of execution of decree for possessio, Court to exercise its discretion in accordance with provisions of Order 41 Rule 5 - Party not in possession obtained possession in execution of erroneous decree reversed in appeal - Cannot be granted stay of restitution during..........
Civil Procedure Code, 1908, Order 21, Rule 89 -- Under Courts order judgment debtor depositing money in court for stay of execution - No application that it should be treated as payment to decree holder - Money not received by decree holder within the meaning of O.21.R.88 (1) (b) CPC...........
Punjab Security of Land Tenures Act, 1953, Section 18, 5 -- Landowner reserved area in accordance with law - Purchase application by tenant - Order declaring surplus area of landowner set aside - No ground to stay proceedings in purchase application. Where it was contended that the purchase application of the tenant should be kept in abeyance till the decision of the..........
Punjab Gram Panchayat Act, 1952, Section 97 -- Suspension of resolution of Gram Panchayat - Notice to aggrieved perso, Essential - Incumbent on Deputy Commissioner to hear aggrieved person before suspension of resolution. The Deputy Commissioner under Section 97 of the Punjab Gram Panchayat Act cannot pass an order suspending the resolution of Gram Panchayat without notice..........
Civil Procedure Code, 1908, Section 115 -- `Case decided' - Meaning - Must affect rights and liabilities of parties - The word `Case' does not refer necessarily to the case as a whole but can include even a part of the case. Therefore, a decision on a part of the case is also revisable even though it does not dispose of the whole of the case. It is necessary, however, that..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Restoration of possessio, Possession delivered under orders of Revenue Court despite stay ordered by Civil Court - Civil Court cannot order restoration of possession as Revenue Court is a Court of independent jurisdictio, Injunction cannot be ordered to Revenue Court. If a party had benefitted by disobeying an..........
Punjab Gram Panchayat Act, 1952, Section 11, 10 -- Death of Panch after election - Filling of vacancy - Ground for not holding election - Must be reasonable. Nomination under Section 11 of the Punjab Gram Panchayat Act can be made only if for any reason a Panch has not been elected under Section 10. The reason for not holding the election should be reasonable. If the..........
Punjab Security of Land Tenures Act, 1953, Section 18 -- Purchase application by tenant - Landowner's writ petition against declaration of surplus area pending in High Court - No ground to keep tenant's purchase application pending. Where it was contended that the landowner's surplus area had not yet been finalised as the writ petition of the landowner against declaration..........
Punjab Security of Land Tenures Act, 1953, Section 14A(ii), 18 -- Application for recovery of arrears of rent under Section 14 - A(ii) - Pendency of purchase application under Section 18 - No ground to stay application for recovery of arrears of rent - Realisation of rent found due under Section 14 - A(ii) - Not to be kept in abeyance till the decision of purchase..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 5 -- Pre-emption decree - Stay of execution - No rule or practice of High Court to stay dispossession during pendency of an appeal - Appellant must show that some substantial loss would result to him unless execution of decree is stayed. There is no universal rule according to which execution of a decree of immovable..........
