Showing : 61-70 of 296 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Haryana Canal and Drainage Act, 1974, Section 17, 18, 19, 20, 21, 22, 23, 24, 25-- Permanent injunction - Jurisdiction of Civil Court - Plaintiff approached Civil Court only for restraining defendant Nos.1 and 2 from closing or removing any pipe of outlet - He has not challenged any order passed u/s.18(2) of the Act - Held, S.25 of the Act is not attracted which stipulates bar..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
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..........
DELHI HIGH COURT
Year of decision: 2012
Details
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 to plaintiff is to file..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Displaced Persons (Compensation and Rehabilitation) Act, 1954, Section 36-- Evacuee property - Enforcement of civil rights - Jurisdiction of civil Court - Plaintiffs/respondents are not questioning evacuee nature of suit property - Plaintiffs/respondents are seeking transfer of suit land to them under policy prepared by defendant No.1 State itself - State counsel for..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Haryana Urban Estate Development Authority Act, 1977, Section 17, 50- - Resumption of site - Violation of principles of natural justice - Jurisdiction of Civil Court - Requisite notices as mandated u/s 17 of the Act not served on plaintiffs - Resumption order passed without affording opportunity of hearing to show cause against proposed action - Held, impugned..........
KERALA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 9,11,92-- Bar on jurisdiction - Suit for modification of scheme already settled by Court for administration of private religious trust - Maintainable - Application can be filed if modification is for purpose of administration - Not barred u/s 11 CPC...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Wakf Act, 1954, Section 6, 7-- Wakf property - Jurisdiction of Tribunal - Wakf Board filed a suit in Tribunal for joint possession of land in 1972 - Act came into enforce in 1995 - Held, Tribunal could not have entertained and decided suit - It was only within the jurisdiction of civil Court - U/s.6 r/w S.7 of the Act,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, Specific Relief Act, 1963, Section 37-- Surplus area - Injunction - Jurisdiction of Civil Court - Held, Civil Court does not have jurisdiction to determine vesting or no, vesting of suit land in Gram Panchayat - However, instant suit was instituted for relief of permanent injunction only based on alleged possession of plaintiff over..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 9, East Punjab Urban Rent Restriction Act, 1949- - Arrears of rent - Determination of - Jurisdiction of Civil Court - Held, Civil Court is the only Court of competent jurisdiction to determine the rate of rent as well as to pass decree for recovery of arrears of rent - Rent Controller under Rent Control Act cannot even pass order or decree for..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Rajasthan Land Revenue Act, 1956, Section 207, 88, 188-- Schedule III, Item No.5 and Item No.23C - Rejection of plaint - Agricultural land - Suit for declaration and permanent injunction - Jurisdiction of civil court to entertain such suit - Held, suit clearly barred by S.207 of Rajasthan Tenancy Act which bars such suit from being taken cognizance and..........

Showing : 61-70 of 296 Results