Punjab Gram Panchayat Election Rules, 1960, Rule 34 -- Rule 34 as applicable to Haryana State - Power conferred on Deputy Commissioner only for purposes of suspending execution of any resolution or order or for prohibiting doing of any act which is about to be done or is being done by Panchayat - Power somewhat akin to Section 232 Punjab Municipal Act - Jurisdiction of..........
Punjab Pre-emption Act, 1913, Section 3(5)(a) -- Sale in execution of decree for specific performance of agreement to sell - Pre-emptible - Sale made by subsequent vendee and not by original owner - Does not make any difference...........
Punjab Co-operative Societies Act, 1961, Section 55, 56, 63, 82 -- Execution of Award against surety - Objection that since surety not a party to arbitration proceedings no execution could be taken against him - Negatived relying on Sunder Singh's case 1973 P. L. J. 433 D. B. which decision subsequently Over Ruled by Full Bench in Ran Singh's case 1975 P. L. J. 162 - Case..........
Punjab Town Improvement Trust Act, 1922, Section 36, 38, 40(1) -- Mandatory in character as these provisions provide for notice, raising of objections and personal hearing in support of objection - Sections 36, 38 and 40(1) provide not merely for framing of Scheme simpliciter but also provide for acquisition of property to enable execution of Scheme - Confer rights on..........
Punjab Tenancy Act, 1887, Section 77(3)(n), 14 -- Mesne profits decree, execution of - Civil Court jurisdiction to grant decree for mesne profits - Barred - Claim of mesne profits by landowner (landlord) from person in occupation for use of land - Covered by Section 77(3)(n) read with Section 14 - Civil Court debarred from entertaining suit for recovery of mesne profits -..........
Limitation Act, 1963, Article 136, 135 -- Enforcement of undertaking given in the course of proceedings before Court - Limitation period of 12 years governed by Article 136 and not by Article 135 - Defendants gave undertaking before Court (in a suit for mandatory injunction for removal of construction and also prohibitory injunction) that in case site in dispute proved to..........
Equity jurisdiction -- Demolition of portion of residential house - Execution of undertaking given before Court - Question of equity does not arise. ..........
Land Acquisition Act, 1894, Section 4, 6 -- Challenge to acquisition - Land acquired by Government for purposes of great public bene fit and utility and execution whereof brook no delay - High Court normally allows implementation of scheme - Quashing of notifications when case comes up for hearing - Not barred - Result of quashing of notifications. - Government to issue..........
Limitation Act, 1963, Article 136, 137 -- Application under Section 144 Civil Procedure Code for restitution - Limitation 12 years - Application for restitution being application for execution governed by Article 136 and not Article 137- Gurbachan Singh's case 1978 P. L. J. 364 cot good law in view of Supreme Court judgment in Mahijibhai Mohanbhai Barot's case A. I. R...........
Civil Procedure Code, 1908, Section 2(12), Order 20, Rule 14 - - Recovery of mesne profits - Plaintiff-pre-emptor after obtaining decree for possession by pre-emption deposited pre-emptio, money - Became entitled to get possession of land on the day pre-emptio, money deposited - Failure of defendant-vendee to surrender possession - Defendant-vendee in1 wrongful possession..........
