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PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1986
Details

Punjab Municipal Corporation Act, 1976, Section 396, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Non-issuance of notice - Proceedings under Section 269 not taken after notice to person in occupation (tenant) - No order against tenant- Not incumbent on tenant to issue notice under Section 3, 6- Sub-section (3) provides for no, issuance of notice in a suit for..........

FINANCIAL COMMISSIONER HARYANA

Year of decision: 1986
Details

Punjab Security of Land Tenures Act, 1953, Section 5B, 2(3), 2(5A), 80 - - Appeal by tenant against order declaring surplus area of landowner - Landowner not made a party to appeal - Appeal dismissed on account of no, joinder of landowner- Illegal - Parties should not be denied opportunity of a fresh consideration of the case merely on account of technicalities - Landowner..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1986
Details

Punjab Municipal Account Code, Chapter V, Haryana Municipal Act, Section 180, 2(23)Unless - - Does not fall within definition of "street" - Absence of any cogent evidence that site in dispute being used as a street - Municipal Committee not competent to issue notice under Section 180..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1986
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunctio, Normally not granted in case a person wants to take possession by executing a decree - Ad interim injunction that plaintiff may not be dispossessed by force - Defendant declared owner in civil suit and in execution obtained symbolic possession - Ad interim injunction declined by trial Court but granted by..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1986
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Concealment of material facts - No interim relief can be granted to plaintiff on account of suppression of material facts...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1986
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary i, junction - Order if cannot be challenged in Civil Court - Question of balance of convenience, justice or equity does not arise...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1986
Details

Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(4a), 7, 13 - - Application under Section 7 for eviction from vacant land in Abadi Deh - House constructed on vacant land in Abadi Deh - Whether house constructed before or after June 23, 1973 - Petition under Section 7 should be converted into suit under Section 13-A for determination whether land underneath..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1986
Details

Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 2(g)(4a) -- Person in unauthorised possession of vacant land situated in Abadi Deh - Can be ejected therefrom under Section 7 read with sub-clause (4a) of Clause (g) of Section 2 incorporated with effect from June 23, 1973...........

RAJASTHAN HIGH COURT

Year of decision: 1986
Details

Civil Procedure Code, 1908, Order 14, Rule 2(2) -- Two issues of law on determining of which the case could be disposed of-to be treated as preliminary issue...........

RAJASTHAN HIGH COURT

Year of decision: 1986
Details

Civil Procedure Code, 1908, Section 115, Order 14, Rule 2 -- Two issues of law on determining of which the case could be disposed of-Trial court committed material irregularity in the exercise of its jurisdiction is not trying law issues as preliminary issues-revision allowed...........

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