Civil Procedure Code, 1908, Section 151, 145 -- Execution of security bonds for mesne profits (in pre-emption appeal vendee obtained stay of dispossession on furnishing security for mesne profits in the sum of Rs. 5000/- in first appeal and Rs. 10000/- in second appeal) - Permissible without any recourse to a fresh suit - Persons who stood surety for judgment-debtor liable..........
Civil Procedure Code, 1908, Section 10 -- Court competent to suo motu stay proceedings in second suit - Section 10 makes it incumbent upon Court to stay proceedings of any suit in which matter in issue also directly and substantially in issue in a previously instituted suit between the same parties - No option in this matter left to trial Court - Brought to notice of trial..........
Punjab Security of Land Tenures Act, 1953, Section 14A(iii) -- Tenant moved application under Section 14-A(iii) for deposit of rent during pendency of proceedings in suit filed by landlord for recovery of rent - Stay of proceedings - Application for deposit of rent subsequent to filing of suit for recovery of rent - Proceedings on application by tenant under Section..........
Civil Procedure Code, 1908, Order 20, Rule 14, Civil Procedure Code, 1908, Order 47, Rule 1 - - Order 20 Rule 14 imposes obligations on both sides, performance by one conditional on performance by the other - Obligations reciprocal and interlinked and cannot be separated - Defendant vendee if obtains stay order and relieved of obligation to deliver possession of properties..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation of inheritance - Dispute as to legitimacy of claimant - Evidence produced having many serious discrepancies - Decision about legitimacy of claimant a complicated one - Correct course for Revenue Officers - To stay their hands and leave matter for a Civil Court of competent jurisdiction to decide complicated..........
Punjab Security of Land Tenures Act, 1953, Section 14A(i) - - Plea of occupancy rights raised by tenant in ejectment proceedings - Assistant Collector neither required to stop ejectment proceedings nor to determine occupancy rights himself - Proviso to Section 14-A(i) to be read in consonance with Section 10 - No obligation cast on Assistant Collector in ejectment..........
Punjab Security of Land Tenures Act, 1953, Section 14A(i) - - Protection of occupancy rights of tenant - Failure of Assistant Collector to deal with tenant's claim of acquisition of occupancy rights - No ground for interference with orders of ejectment - Banta Singh's case 1979 P. L. J. 360 Dissected - Proviso to Section 14-A(i) does not give tenant a right to claim..........
Punjab Land Reforms Act, 1972, Section 5(1), 4 -- Land declared surplus in I960 under Pepsu Tenancy and Agricultural Lands Act - Plea of State that possession of surplus area taken in 1981 disputed with the assertion that possession may have been shown as taken in revenue papers but surplus area still under cultivating possession of landowner - Possession of surplus area..........
Constitution of India, 1950, Article 299 -- Unsigned written contract - Not valid - Mere submission of tender and acceptance thereof - No binding contract as envisaged by Article 299 comes into existence - When main contract void, arbitration clause contained therein becomes meaningless - Arbitration clause contained in unsigned agreement - Cannot be relied upon for..........
Haryana Relief of Agricultural Indebtedness Act, 1989, Section 5, 18, 19 -- Suit in Civil Court for recovery of principal amount and interest on the basis of Bahi entry - Defendant claiming himself to be agricultural labourer, total income not more than Rs. 2000/-, debt stands discharged under the Act and suit not maintainable - Plaintiff contested claim of defendant - Not..........
