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Results of civil court jurisdiction not barred

Showing : 61-70 of 286 Results

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 resumption..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Civil suit - Relationship of landlord and tenant - Denial of - Defendants/tenants have denied relationship of landlord and tenant in civil suit instituted by plaintiffs/landlords and not in ejectment petition - Held, defendants having themselves denied relationship of landlord and tenant between parties..........

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, institution of suit in civil Court is barred only..........

ALLAHABAD HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Section 9, Land Acquisition Act, 1894, Section 4, 6, 365(2) - - Land acquisition under a local Act - Challenge to - Jurisdiction of Civil Court - Held, jurisdiction of civil Court to entertain suit challenging land acquisition under a local Act is barred...........

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..........

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..........

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..........

PUNJAB & HARYANA HIGH COURT

Year of decision: 2012
Details

Specific Relief Act, 1963, Section 39, Punjab Village Common Lands (Regulation) Act, 1961, Section 13 -- Construction of roof on a public street - Suit for mandatory injunction by neighbour - Plea that jurisdiction of civil court is barred u/s 13 of Punjab Act - Held, suit for mandatory injunction in respect of construction raised by defendant which caused special damage..........

Showing : 61-70 of 286 Results