Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application to set aside ex parte decree is not maintainable once appeal preferred against the decree is dismissed and becomes final between the parties - Entire proceedings seeking restraighten of suit proceedings and for setting aside ex parte decree is without jurisdiction and not..........
Punjab Municipal Corporation Act, 1976, Section 103(d), 146 -- Levy of house tax - Show cause notice - Writ petition - Alternative remedy - All petitions directed against notice and assessment of house tax yet to take place - Held, petitioners would have a right to file appeal against same - Writ petitions against issuance of show cause notice would be pre-mature - Remedy..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 4(3), 7 -- Eviction - Unauthorized occupant - Appellate authority while holding that land was allotted to private respondents' grandfather has not referred to much less considered order passed by Settlement Officer allotting land in dispute to Gram Panchayat - Held, appellate authority has committed an error of..........
Punjab Panchayati Raj Act, 1994, Section 199, 216 -- Recovery from Ex-Sarpanch - Appellate authority u/s.216 of the Act has considered entire material and found that determination of loss by BDPO was not correct and it corrected the same by reducing amount of recovery to Rs.22,085/- - Held, interference is not required in impugned order in exercise of writ jurisdiction -..........
Civil Procedure Code, 1908, Order 15, Rule 5, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3) -- Suit for recovery of arrears of rent - Both Courts below have concurrently held that petition itself was not maintainable as the property in dispute is not covered by the provisions contained in S.1(3) of 1973 Act - Held, when once it is held that..........
Constitution of India, 1950, Article 136 -- SLP - Discretionary power of Supreme Court - Held, Art.136 of the Constitution does not confer any right of appeal on any party but it confers a discretionary power on Supreme Court to interfere in suitable cases - Jurisdiction under Art.136 of the Constitution cannot be barred by statute since it is extraordinary power -..........
Delhi High Court Act, 1966, Section 10(1) - - Letters patent appeal - Extraordinary original civil jurisdiction - Held, when cl.10 of the Letters Patent refers to an appeal from the Single Judge to a Division Bench, it is not relatable to the exercise of ordinary original civil jurisdiction by Single Judge of High Court - When writ jurisdictions are being exercised as..........
Civil Procedure Code, 1908, Section 104, Order 43, Delhi High Court Act, 1966, Section 10(1) - - Letters patent appeal from orders - Held, in case of an order passed by Single Judge in exercise of ordinary original civil jurisdiction in case of a no, appealable order u/s 104 r/w O.43 of CPC which meets the test of a "judgment" that decides matters of moment or affects..........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A, Civil Procedure Code, 1908, Order 43, Rule 1A -- Compromise decree - Relief barred by limitation - Challenge to - Plaintiff is seeking a declaration by way of filing a separate suit that compromise decree passed is null and void - Held, declaration sought by plaintiff cannot be granted in an independent suit - Remedy open..........
Criminal Procedure Code, 1973, Section 378(3) -- Acquittal - Appeal against - Judgment of acquittal cannot be interfered with unless and until the same is illegal, perverse and without jurisdiction...........
