Evacuee Interest (Separation) Act, 1951, Section 18, 6, 7, 8, 10 -- Competent Officer held land in suit not a 'composite property' - Order became final as no appeal or revision filed against that order - Order cannot be said to be without jurisdiction because Competent Officer had jurisdiction to decide whether mortgagee rights extinguished or not under the Act - Even if..........
Punjab Tenancy Act, 1887, Section 84 -- Revision - Competent only on some point of jurisdiction - Question of fact - Cannot be raised in revision...........
Punjab Municipal Corporation Act, 1976, Section 269 -- Proceedings conducted without opportunity and hearing in violation of : (i) principles of natural justice, and also (ii) provisions of Section 269(1) - Two remedies available to aggrieved person : (1) to file suit ; and (2) t& file appeal - For aggrieved person to elect and choose remedy - Entitled to file suit inspite..........
Civil Procedure Code, 1908, Order 9, Rule 4, 3 -- Suit dismissed in default due to Lawyers strike - Restoration of - Stringent view taken regarding strike of lawyers in S. Maharaj Bakash Singh's case 1986 (2) P. L. R. 179 Dissented - Non-appearance of counsel for plaintiff due to strike of Lawyers - Should not stand in way of restoration provided application within time -..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Finding of fact arrived at by inferior Court or Tribunal - Based on no evidence - To be regarded as error of law - Finding recorded as a result of conjectures and surmises - Cannot be sustained in law - Can be corrected by a Writ of Certiorari...........
Punjab Security of Land Tenures Act, 1953, Section 25, Punjab Land Reforms Act, 1972, Section 21, Order declarin - - Plea that Civil Court has no jurisdiction to try the matter as land declared surplus and mutation to that effect sanctioned - Not tenable...........
Civil Procedure Code, 1908, Section 9 -- Special statute creating bar of Civil Court jurisdiction - By cleverly drawing up plaint, plaintiff cannot confer jurisdiction on Civil Court - Punjab Village Common Lands (Regulation) Act, Section 13..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 10, 4, 9 -- Injunction against order of ejectment passed under the Act - Jurisdiction of Civil Court expressly excluded - Section 10 mandatory - Object of Section 10 - Unauthorised occupant should not be allowed to defeat purpose of Act by obtaining ad interim injunction - Suit in Civil Court..........
Punjab Municipal Corporation Act, 1976, Section 195 -- Punjab Municipal Corporation Act, Section l03(d) - Improvement Trust in 1981 served notice to demolish house - Notice challenged in Civil Court as illegal, void and liable to be set aside on the ground that house outside the jurisdiction of Improvement Trust and constructed many years earlier - Determination whether..........
Punjab Land Revenue Act, 1887, Section 158(2)(xvii), 111 -- Suit in Civil Court for possession by partition - Land situated within town (municipal area) - Jamabandi show land as ghair-mumkin - land not being used for agricultural purposes - Cannot be said that Civil Court has no jurisdiction - Application for partition before Revenue Officer - Cannot continue - Civil..........
