Punjab Co-operative Societies Act, 1961, Section 69, 29, 2(h) -- Business of the Punjab Government (Allocation) Rules, 1966 - Standing Orders - Retrospective effect - Cannot be given to validate orders without jurisdictio, Revision under Section 69 decided by Officer not empowered to hear revision petitions - Order without jurisdictio, Subsequent empowering of Officer to..........
Civil Procedure Code, 1908, Order 41, Rule 2 -- Question of fact - Cannot be allowed for the first time in first appeal - Whether a Mahura tree is fit for yielding timber or only fire-wood is a question of fact in regard to which no evidence has been led. In absence of pleading, issue and evidence on these points, they cannot be allowed to be raised for the first time at..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Proceedings in breach of injunction - Not void. The effect of issuing an injunction is that the person committing the breach thereof, shall be guilty of contempt of Court. It cannot be said that any proceedings in breach of injunction will become void...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Restoration of possessio, Possession delivered under orders of Revenue Court despite stay ordered by Civil Court - Civil Court cannot order restoration of possession as Revenue Court is a Court of independent jurisdictio, Injunction cannot be ordered to Revenue Court. If a party had benefitted by disobeying an..........
Punjab Gram Panchayat Act, 1952, Section 13O, 101, Punjab Gram Panchayat Election Rules, 1960, Rule 2(e) - - Revision of electoral roll or preparation of supplementary list of persons who acquired a right to vote - No provision in the Act or the Rules. There is nothing in the Punjab Gram Panchayat Act or in the Rules framed thereunder which may seem to provide for the..........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Defendant pleading possession of land as no, occupancy tenant - Finding of Court that defendant jointly with others in possession of land as a tenant - Nature of plea not changed - Punjab Security of Land Tenures Act (10 of 1953), Section 17 - A. Where it was contended that as the defendant had pleaded in the written statement..........
Civil Procedure Code, 1908, Order 20, Rule 14, Civil Procedure Code, 1908, Order 21, Rule 2 -- Satisfaction of decree - Open to decree - holder and judgment - debtor to change or adjust the decree - Preemption suits decreed and two separate decrees passed in terms of Order 20 Rule (4 - Vendee accepting from pre - emptor amount which falls short of decretal amount - Rival..........
Punjab Security of Land Tenures Act, 1953, Section 2(3)(ii)(a) -- Determination of permissible area - Displaced person allotted land in excess of 50 Standard Acres - Fresh evaluation under the Act - Not permissible. There is nothing in the Punjab Security of Land Tenures Act which permits a fresh evaluation of that land which stands allotted to a displaced person. It would..........
Punjab Security of Land Tenures Act, 1953, Section 2(3), 2(5a) -- Tenant's permissible area - Land under cultivation of tenant after Rabi 1953 - Cannot be declared as tenant's permissible area - Not to be excluded from being declared as landowner's surplus area. Any area under cultivation of tenant after Rabi 1953, cannot be legally declared as tenant's permissible area..........
Punjab Security of Land Tenures Act, 1953, Section 2(8) -- Land recorded as Banjar Oadim and Ban jar Jadid on 15th April, 1953 - Burden on State to prove that land was being used for agricultural purposes or for purposes subservient to agriculture. If the land was recorded as Banjar Qadim and Banjar Jadid on 15th April, 1953. then the burden to prove that the land was..........
