Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Cannot be issued against a statutory authority performing its statutory functions - Contrary to spirit of Section 31 Specific Relief Act to grant injunction to restrain a statutory authority to stop obeying mandate of law which created it - Injunction cannot be granted to restrain any person from..........
Civil Procedure Code, 1908, Section 2(2), Order 41, Rule 3A, Rule 9 - - Order dismissing appeal after dismissal of application under Section 5 Limitation Act - Not a decree within meaning of Section 2(2) of Code - Not open to Court to extend meaning of word "decree" and include in it other kind of orders though they are similar to orders expressly included in the..........
Civil Procedure Code, 1908, Section 2(2) -- Decree - Essential elements : (i) there should be adjudication, (ii) adjudication should determine rights of parties regarding all or any of the matters in controversy, (iii) adjudication should be in a suit, (iv) adjudication should be formal and conclusive so far as that Court is concerned - Some orders which otherwise do not..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Question of court-fee as preliminary issue - Court-fee in a suit has to be determined on the basis of allegations made in plaint and depend on relief claimed - On pleadings of parties if no evidence needed to determine court-fee - Issue of court-fee can be treated as preliminary issue...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction in a suit for permanent injunction restraining defendants from interfering in possession of plaintiff over suit land and from dispossessing him except in due course of law - Khasra Girdawari for Rabi show plaintiff to be tenant under defendants on payment of Rs. 1400/- per acre per year - No notice of..........
Punjab Registration of Money Lenders Act, 1938, Section 2(9), 3 -- Determination whether a 'Money-Lender' - Plaintiff-firm carrying on business of Commission Agency - Loans advanced to producers who bring grains for selling through agency business of plaintiff-firm - Interest charged at the rate of 1 per cent to 1.5 per cent per month - For convenience of its customers..........
Civil Procedure Code, 1908, Order 30, Rule 1, 2 -- Suit for permanent injunction in Civil Court restraining Gram Panchayat from dispossessing forcibly from land which vested in Gram Panchayat - Theka of land auctioned yearly by Gram Panchayat and different persons used to occupy land on yearly basis - Person who took the lease for a particular year - Cannot be said to be a..........
Civil Procedure Code, 1908, Order 21, Rule 2 -- Contemplates a stage in execution proceedings when matter lies only between judgment- debtor and decree-holder and no other interests have come into being - Once a sale effected a third party's interest intervenes which cannot be disregarded - Court cannot refuse to confirm a sale duly held on the ground that decree-holder..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Can be only one which can dispose of whole suit on question of law in which no evidence needed - Mixed question of fact and law - Cannot be decided as a preliminary issue...........
Punjab Security of Land Tenures Act, 1953, Section 5B, 2(5A), Punjab Security of Land Tenures Rules, 1953, Rule 6 -- Application by old tenants for review of order declaring landowner's surplus area - Order reviewed and tenant's permissible area excluded from land declared surplus - Landowner challenged that order passed in violation of principles of natural justice..........
