Civil Procedure Code, 1908, Section 2(2), Order 23, Rule 1 -- Fresh suit filed without payment of costs imposed allowing withdrawal of earlier suit - Plaint rejected - Amounts to a decree for the purpose of S.2(2) CPC...........
Registration Act, 1908, Section 2(6) -- Plant and machinery - Embedded in the earth - Whether movable or immovable property? - It depends upon the facts and circumstances of each case - Primarily, the Court will have to take into consideration the intention of the parties when it decided to embed the machinery whether such embedment was intended to be temporary or..........
Civil Procedure Code, 1908, Order 18, Rule 2(4), Civil Procedure Code, 1908, Order 9, Rule 6(1)(a) -- Recall of witness - Case fixed for judgment - Held, permissible - Trial Court has sufficient power to permit party who is not placed ex parte by express order, to take any material step and/or to adduce material evidence at any stage of suit proceeding, even at stage when..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2, Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Is not a pleading - Pleading means plaint or written statement. 1982(1) RCR 591 referred...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2, Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - No new case can be permitted to be set up in the replication - Permission can only be granted to rebut the assertions made in the written statement. 1996(2) AIJ 59 referred...........
Civil Procedure Code, 1908, Order 6, Rule 17, 1, 2, Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Amendment - Earlier stated that defendant was in unlawful possession of the suit land whereas by way of amendment plea sought to be taken that defendant was in permissive possession as a licensee - This is not only a new plea but also a contradictory plea - Not..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Entries appearing in the record of rights are not the foundation of title but are mere items of evidence - An adverse entry in the record of rights did not per se oblige the person in possession of land to sue for a declaration of title...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), 13 -- Scope - Revenue records showing land as being used for common purposes of Gram Panchayat - Land must be held as 'Shamilat deh' to which S.13 would apply and preclude a suit by the Wakf Board...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), 13, Wakf Act, 1954, Section 5(2), 6(1) -- Property notified as Moslem graveyard - After lapse of one year from notification Gram Panchayat made representation before Assistant Collector that property belonged to it - Asstt. Collector held in favour of Gram Panchayat - Collection upheld his findings - Wakf..........
East Punjab Urban Rent Restriction Act, 1949, Section 2(i) -- Tenant - In the copy of Municipal House Tax Register certain persons shown as occupiers of the premises - It does not necessarily imply occupation only as tenants...........
