Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 2(g) -- Unauthorized possession - Petitioner raising question of title - In jamabandi for the year 1981-82, Abadi deh depicted as owner while Maqbuja abadi deh (gairmumkin abadi) has been described in the column of cultivation - If that is so, then the contention of petitioner that such abadi deh is excluded..........
Contempt of Courts Act, 1971, Section 2(c) -- Breach of undertaking - Plea of petitioner that respondent despite an undertaking in interim order, that they shall not alienate suit land during pendency of proceedings, transferred portion of land - No objection made by petitioner during pendency of suit - Only remedy left with petitioner is execution of decree - Contempt..........
Motor Vehicles Act, 1988, Section 2(9), 2(10), 3, 149(2)(a)(ii), 173 -- Accident - Driving licence - Deceased driving tractor but holding driving licence to drive car, jeep and motor cycle - Mechanism to drive same - Validity of licence cannot be challenged...........
Punjab Panchayati Raj Act, 1994, Section 2(ze), Punjab Panchayat Samitis and Zila Parishads Employees Pension and Provident Fund Rules, 2000, Rule 3 -- Pension scheme for employees of Gram Panchayat and Zila Parishads - Scheme under consideration of Govt. since 11.5.1995 sanctioned on 1.7.1999 and cut off date fixed as 1.7.1999 - Employees retiring in the intervening..........
Industrial Disputes Act, 1947, Section 2(oo) -- Termination - Re - instatement - Compensation in lieu of reinstatement - Held that earlier an order of reinstatement was the rule wherever in a case the order of termination was held illegal - To this rule certain exceptions have been recognized in various legal pronouncements - Reinstatement has not been considered desirable..........
Industrial Disputes Act, 1947, Section 2(oo) -- Termination - Reinstatement - Compensation - In lieu of reinstatement - Respondent was drawing total emoluments to the tune of Rs. 4200/ - p.m. and worked with the petitioner for 9 years - Labour Court's award directing payment of compensation amount of Rs. 2, 16,000/ - in lieu of reinstatement and back wages confirmed -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 6 -- Temporary injunction - Suit for possession u/s 6 of Specific Relief Act - As order passed u/s 6 of Specific Relief Act is not appealable as such an order passed U.O.39.Rr.1, 2 CPC in proceedings u/s 6 of Specific Relief Act is not appealable...........
Consumer Protection Act, 1986, Section 24A , 11 , 2(1)(c) , 2(1)(r) -- Limitation - Unfair trade practice - Flat restoration - Contention of OP that the complainant made payment for restoration of flat in May, 2006 and the flat had been allotted in his name June,2006 but complaint filed in August, 2008 which is barred by limitation repelled - Held that the cause of action..........
Consumer Protection Act, 1986, Section 2(1) -- Consumer - Medical service - There is no evidence if the appellant had made any payment to the respondent hospital or respondent Nos.1 and 3, the doctors - Therefore, the appellant is not a consumer...........
Contempt of Courts Act, 1971, Section 2(b) -- Non compliance of decree - Effective remedy for execution of the decree U.O.21.R.32 CPC available - Resort to proceedings under Contempt of Courts Act cannot be allowed...........
