Constitution of India, 1950, Article 226, Punjab Land Revenue Act, 1887, Section 45 -- Change in entry in revenue records - Writ jurisdiction - Alternative remedy - Writ petition challenging order of Collector - Revision u/s 13 & 16 of the Act not filed - Sec. 45 provides alternative remedy of filing Civil Suit if any person considers himself aggrieved by an entry in..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7(1), 13A -- Question of title - Maintainability of suit u/s 13A - Ejectment petition filed by Gram Panchayat u/s 7 - Question of title raised - Adjudicated in terms of proviso to sec. 7(1) - Gram Panchayat held to be owner of land - Appeal before Collector dismissed - Orders of Collector not challanged - Question..........
Court Fees Act, 1870, Section 17(iv)(c), 7(v) -- Alienation of Joint Hindu family property by karta - Challenged by coparcener - Trial Court directed plaintiff to affix advalorem court fee - Main relief claimed in suit is of declaration to the effect that plaintiff is coparcener in suit property - Suit land agricultural in nature - Court fee is payable u/s 7(iv)(c) read..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Section , Order 22, Rule 4, Limitation Act, 1963, Section 21(1) -- Suit against dead person - Bonafide Mistake - Suit for declaration - Correction of error - Process serving agency reported death of one of the defendant - Application under O22 R 4 read with O1 R10 impleading LR's of deceased..........
Civil Procedure Code, 1908, Section 47, Haryana Relief of Agricultural Indebtedness Act, 1989, Section 3, 4, 17, Banking Regulation Act, 1949, Section 21A -- Agricultural Loan - Loaner's liability to pay agreed interest - Entitlement of DH to more than double of principal amount - Discharge of debt - Can executing court go beyond decree by virtue of sec. 17 of Act of 1989..........
Transfer of Property Act, 1882, Section 108 -- Rights and liabilities of lessor & lessee - Unauthorised construction carried out by tenant/lessee without permission of landlord/lessor - Suit for mandatory injunction for removal of unauthorized construction - Tenant/lessee had no authority to raise construction/permanent structure without consent of landlord/lessor. Haryana..........
Civil Procedure Code, 1908, Order 21, Limitation Act, 1963, Section 5 -- Applicability of Sec. 5 of Limitation Act to execution proceedings - Suit for recovery decreed - Execution - Property of judgment debtor attached and auctioned - No objections filed by judgment debtor - Sale confirmed and sale certificate issued - Application for delivery of possession - Objection by..........
Limitation Act, 1963, Section 22, Article 91 -- Damages on account of wrongfull detention of moveable properties - Limitation - Damages claimed five years after the detention of moveable properties - Had the knowledge of wrongful act - Limitation to file suit is 3 years from the date of wrongful detention - Sec. 22 not applicable - Claim rejected...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 4(3)(ii), 11 -- Petition u/s 11 of the Act claiming right, title and interest in the land on the basis of possession prior to 1950 - Land exempted from definition of 'shamlat deh' and not vested in panchayat in view of sec. 4(3)(ii) - Land never reserved for common purpose during consolidation - Respondent no. 3..........
Specific Relief Act, 1963, Section 19 -- Suit for specific performance - Injunction regarding sale of suit property - Sale in violation of injunction order - Court shall treat such alienation as having not taken place at all - Purchaser cannot raise any defence on the basis of sale in his favour. Transfer of Property Act, 1882, Sec. 52...........
