Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Plaintiffs in possession of land in dispute - Defendants seeking possession of land allotted by Consolidation Authorities - Plaintiffs will suffer irreparable loss if dispossessed from suit land during pendency of suit - Not correct that plaintiffs have no prima facie case - Defendants restrained from dispossessing..........
Punjab Security of Land Tenures Act, 1953, Section 19A, 19B, 2(2), 2(3), 2(5a), 2(8) -- In whatever manner evaluation of holding gets improved - Outside scope of acquisition - Act of improvement is not acquisition in terms of Sections 19 - A and 19 - B - Lands described in revenue records as "banjar kadim" and "banjar jadid" and brought under cultivation after 15.4.1953..........
Punjab Security of Land Tenures Act, 1953, Section 18, 2(2), 2(3), 2(5a), 2(8), 19A, 19B -- Right of tenant to purchase tenancy area - Available only against a landowner "other than a small landowner" - Status of a landowner whether a small landowner or a big landowner - To be reckoned and determined on the basis of position as existing on 15.4.1953 when Act brought into..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction in a suit for declaration to be owners in possession - Defendants allegation that land in dispute allotted to them by Consolidation Authorities and they are seeking possession thereof - Plaintiffs in possession of land in dispute and yet to establish title - If dispossessed during pendency of suit -..........
Civil Procedure Code, 1908, Section 148A, 115, Order 39, Rule 1, 2 - - Caveat filed by defendant but trial Court passed ex parte order and defendant restrained from interfering with plaintiffs possession over suit land - Plea that where a caveat is filed, Court cannot proceed with the matter unless caveator is given notice and opportunity to be heard and since Court passed..........
Civil Procedure Code, 1908, Section 115, Order 13, Rule 2 -- Application U.O.13.R.2 allowed - Revision against - Trial Court observing that defendants had not been able to show good cause for taking document on record - In such situation, trial Court ought not to have allowed application...........
Dowry Prohibition Act, 1961, Section 2 -- Demand of additional dowry after marriage - Falls within definition of dowry...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(4) -- As substituted and 2(g)(6) and Explanation as added by Haryana Act 9 of 1992 - Constitutionality of - No finding recorded by Full Bench of the High Court in Jai Singh's case 1995 PLJ 83 that land sought to be affected by legislative measure under challenge was within ceiling limit of each of the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Performance of negative covenant in agreement - Temporary injunction sought restraining defendants from conducting business activities similar to those of plaintiff as stated in agreement between parties and for recovery of amount advanced to them as loan - Relief thus sought for pertaining to performance of negative..........
Civil Procedure Code, 1908, Section 115, Order 39, Rule 1, 2 -- Balancing equities between the parties subject to certain conditions - Cannot be termed as error of jurisdiction - Scope of revisional jurisdiction of High Court - Very limited - High Court should be satisfied that order impugned suffers from jurisdictional or substantial error of law so as to interfere in..........
