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..........
Civil Procedure Code, 1908, Order 23, Rule 1, Limitation Act, 1963, Section 14(3) -- Withdrawal of earlier suit with permission to file a fresh suit on same cause of action by itself not sufficient to claim benefit of subsection (3) of Section 14 - Time spent in prosecuting earlier suit can be excluded under Section 14(3) if : (i) permission to withdraw suit granted on the..........
Civil Procedure Code, 1908, Order 23, R -- Withdrawal of suit at appellate stage - Suit dismissed on merits by trial Court and not due to any formal defect - Withdrawal of suit and appeal with permission to file a fresh suit - Not permissible...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Words "at any time" - Apply to suit pending in trial Court - Plaintiff not entitled to withdraw suit as a matter of course at any time after decree passed by trial Court...........
Civil Procedure Code, 1908, Section 35B, 115, Order 23, Rule 1 - - Suit for declaration and permanent injunctio, Ex-parte ad interim injunction obtained - First suit allowed to be withdrawn on payment of costs - Second suit dismissed for no, prosecution - Third suit filed and ex-parte ad interim injunction obtained - Costs not paid - Court allowed third suit to be..........
Punjab Gram Panchayat Act, 1992, Section 23, 21 -- Disobedience of order passed under Section 21 - Does not amount to offence in terms of Section 23 - Order passed by Gram. Panchayat under Section 23 - In exercise of administrative jurisdiction - Recurring fine under Section 23 in anticipation of subsequent and continuing disobedience of its orders - Can legitimately be..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Statements of parties (containing terms of compromise) recorded by Court and duly signed by parties - Requirements of first part of Rule 3 adequately satisfied - Cannot be considered to be violating requirement of 'in writing and signed by parties' - Such signed statements covered by definition of document in Section 3..........
Land Acquisition Act, 1894, Section 23(2) - - Applicability to writ petitions pending on April 30, 1982 - Beneficial provisions of amended Section 23(2) applicable even to those cases in which proceedings in writ petition pending on April 30, 1982 - Land Acquisition Amendment Act, 1984, Section 30(2)...........
Land Acquisition Act, 1894, Section 23(1A) -- Rise in market price of land at 12% per annum - Nothing in the sub section to indicate that Parliament assumed this - Amount payable under subsection (1A) nothing to do with determination of market value of acquired land - Amount payable under sub section (1A) in addition to market value of acquired land...........
Punjab Municipal Account Code, Chapter V, Haryana Municipal Act, Section 181, 2(23) -- Municipal Commit tee issued notice for removal of encroachment on public street - Suit in Civil Court for permanent injunction to restrain Municipal Committee from demolishing alleged encroachment - Court found encroachment on public street was there for more then 30 years - Municipal..........
