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KARNATAKA HIGH COURT

Year of decision: 1987
Details

Stamp Act, Section 2(22), 11, 10, 35; -- Schedule I, Art.49, Stamp Rules, 1925, Rr.5 and 13 - promissory note - stamps - impressed and adhesive stamps - promissory note written on impressed paper in the eye of law is to be taken as duly stamped - there is nothing in law which requires that promissory note should be executed only by using adhesive stamps...........

MADHYA PRADESH HIGH COURT

Year of decision: 1986
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Prima facie case - lawful possession - Possession under unregistered sale deed of immovable property of more than one hundred rupees - Possession is not lawful - Prima facie case is not made out...........

MADHYA PRADESH HIGH COURT

Year of decision: 1986
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - grant of - conduct of party - Held considering the facts of the case, the conduct of the party is an important ingredient and is to be considered while granting discretionary relief...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1986
Details

Punjab Urban Estate (Development and Regulation) Act, 1964, Section 3, 2(a), Punjab Urban Estates (Sale of Sites) Rules, 1965, Rule 5,3 -- Advertisement in newspaper inviting applications for allotment of residential plots of different sizes-Authorities accepted applications and deposit of earnest money for allotment of a plot of 125 square yards- Plot of 125 square yards..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1986
Details

Civil Procedure Code, 1908, Order 5, Rule 2 -- Summons served on defendant without a copy of plaint - Irregularity...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 1986
Details

Civil Procedure Code, 1908, Order 6, Rule 2 -- Termination of service after enquiry - challenged in civil suit - Particular illegality to be specifically pleaded - submission that the termination order is illegal and unconstitutional and violates the principles of natural justice - Too vague...........

FINANCIAL COMMISSIONER PUNJAB

Year of decision: 1986
Details

Punjab Package Deal Properties (Disposal) Act, 1976, Section 2(1A) -- Sale of excess land to allottee - Cancellation ordered prior to 1st April, 1962- Actual retrieval of area effected thereafter - Of no consequence - Area retrieved to be treated as part of Package Deal Property in terms of Government of India letter dated 5th March, 1962 annexed as Schedule to the Act and..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1986
Details

Punjab Municipal Corporation Act, 1976, Section 396, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Non-issuance of notice - Proceedings under Section 269 not taken after notice to person in occupation (tenant) - No order against tenant- Not incumbent on tenant to issue notice under Section 3, 6- Sub-section (3) provides for no, issuance of notice in a suit for..........

FINANCIAL COMMISSIONER HARYANA

Year of decision: 1986
Details

Punjab Security of Land Tenures Act, 1953, Section 5B, 2(3), 2(5A), 80 - - Appeal by tenant against order declaring surplus area of landowner - Landowner not made a party to appeal - Appeal dismissed on account of no, joinder of landowner- Illegal - Parties should not be denied opportunity of a fresh consideration of the case merely on account of technicalities - Landowner..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1986
Details

Punjab Municipal Account Code, Chapter V, Haryana Municipal Act, Section 180, 2(23)Unless - - Does not fall within definition of "street" - Absence of any cogent evidence that site in dispute being used as a street - Municipal Committee not competent to issue notice under Section 180..........

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