Punjab Security of Land Tenures Act, 1953, Section 2(9) -- Self - cultivation - Land cultivated by sons of landowner - To be deemed as self - cultivation of landowner. Land cultivated by the sons of landowner, would be deemed to be under the self-cultivation of the landowner and as such the sons of the landowner cannot claim exemption on the ground that they are tenants of..........
Punjab Security of Land Tenures Act, 1953, Section 2(8) -- Ban jar qadim area taken into account while declaring surplus area - Objection not raised at the initial stage - Collector justified in refusing to review - Relief cannot be claimed under extraordinary jurisdiction of High Court - Jindu Ram's case 1971 P. L. J. 684 D. B. not applicable to the case of review. Where..........
Civil Procedure Code, 1908, Order 9, Rule 2 -- Failure of plaintiff to pay process fee or postal charges for service of defendants who are not necessary or proper parties - Whole suit cannot be dismissed - Dismissal of suit permissible only against defendants not served. A plain reading of Order 9 Rule 2 Civil Procedure Code leaves no doubt that it contemplates dismissal..........
Punjab Security of Land Tenures Act, 1953, Section 18(I)(i), 2(7) -- Punjab Tenancy Act (16 of 1887), Section 4(17) - Purchase of tenancy land by tenant - Continuous occupation for 6 years - To be considered from the date tenant took possession of land - 6 years means 6 calendar years and not 6 agricultural years. In the context of Section 18 of the Punjab Security of Land..........
Punjab Security of Land Tenures Act, 1953, Section 2(3) -- Permissible area finally determined - Reduction in permissible area due to compulsory acquisition by Government - Landowner not entitled to any further area. Once the status of a person as a big or a small landowner has been determined, a compulsory acquisition would not entitle the landowner to get any further..........
Punjab Security of Land Tenures Act, 1953, Section 2(5 -- a) and 18 - Surplus area proceedings finalised - Landowner cannot take up pleas not raised during those proceedings. Once the surplus area proceedings had been finalised, the landowner cannot be allowed to take up pleas which were not raised by him during those proceedings...........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleading & proof - In absence of pleading when parties go to trial with knowledge that a particular question is in issue, though no specific issue has been framed thereon, and adduce evidence relating thereto then absence of a specific pleading on the question is a mere irregularity which results in no prejudice...........
Arbitration and Conciliation Act, 1996, Section 9, 14, Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 36 -- Contract - Arbitration clause - One of the parties terminating contract permanently - Court can grant interim injunction directing continuance of contract pending arbitration proceedings...........
Arbitration and Conciliation Act, 1996, Section 9, 14, Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 36, 41 -- Contract - Breach - Injunction - Termination of contract before its expiry - Court can grant interim injunction directing continuance of contract - However, in the instant case interim injunction refused as damages which may..........
Civil Procedure Code, 1908, Order 21, Rule 2 -- 'Or the decree of any kind is otherwise adjusted' - It is open to the parties namely DH & JD to enter into a compromise in regard to their rights and obligations under the decree - If such contract or compromise amounts to an adjustment of the decree, it has to be recorded by the Court U.O.21.R.2 CPC...........
