Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction restraining defendant from prosecuting proceedings of execution - Normally not granted - Defendant if restrained from executing (ejectment) order of Revenue Authorities - Greater mischief will be caused...........
Civil Procedure Code, 1908, Section 115, Order 39, Rule 1, 2 - - Ad interim injunction in a suit for declaration and injunction alleging to be occupancy tenant - Ejectment application filed by defendants contested by plaintiff, no plea taken of occupancy tenant, failure to show from any revenue record of entry as occupancy tenant. Revenue Authorities after considering..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13, 11, 2(g) - - Land shown in Jamabandi as Banjar Qadim in occupation of Gram Panchayat -Suit in Civil Court by Gram Panchayat for injunction restraining defendants not to obstruct user of land - Objection that as question of title has arisen jurisdiction of Civil Court barred - Not tenable - Gram Panchayat prima..........
Urban Lands (Ceiling and Regulation) Act, 1976, Section 4, 2(q) - - Vacant land - Determination of - Appurtenant land and contiguous land -To be considered part of vacant land - While making allowance for built up area appurtenant land and contiguous land to be treated as part of vacant land...........
Urban Lands (Ceiling and Regulation) Act, 1976, Section 2(g) -- Restrictions regarding raising of construction as per Development Scheme under Punjab Town Improvement Act - Applicable to area which falls within definition of land appurtenant in Section 2(g) - Exclusion of land on which not permitted to build - Not permissible...........
Punjab Tenancy Act, 1887, Section 80, 84, Civil Procedure Code, 1908, Order 32, Rule 1, 2 -- One of the appellants a minor - No objection raised by respondent - Deemed to have waived right to question minor's right to file appeal - Cannot raise objection in subsequent appeal/revision that first appeal incompetent as one of the appellants therein a minor...........
Haryana Urban Development (Disposal of Land and Building) Act, 1978, Section 17, 15, 2(x) -- Question of taking penal action for breach of condition of transfer - Arises only if allotment becomes a contract on acceptance and payment of balance price to make up 25 per Cent within 30 days of receipt of letter of allotment - Till allotment accepted in manner prescribed - Does..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13, 2(g)(4) -- Encroachment on village pathway (rasta) - Suit in Civil Court for mandatary injunction requiring defendant to remove obstruction and not to make further encroachment - Plea that in view of Section 2(g)(4) streets, lanes etc. included within definition of "Shamilat Deh" and under Section 13 Civil..........
Punjab Municipal Account Code, Chapter V, Haryana Municipal Act, Section 181, 2(23) -- Municipal Commit tee issued notice for removal of encroachment on public street - Suit in Civil Court for permanent injunction to restrain Municipal Committee from demolishing alleged encroachment - Court found encroachment on public street was there for more then 30 years - Municipal..........
Punjab Regulations of Accounts Act, 1930, Section 2(5), 2(7), 3 -- Non-production of account-books - Court if entitled to draw presumption that accounts if produced would be against plaintiff's case - Absence of any evidence that plaintiff in regular course of business advancing loans within meaning of Act - No burden can be placed on plaintiff to maintain or produce its..........
