Constitution of India, 1950, Article 226, 227 -- Election disputes - Writ petition - Maintainability - Alternative remedy available under the Statute- Election conducted in accordance with provisions of Statute - Statute providing remedy for settlement of election dispute by filing election petition before Election Tribunal - Writ petition not maintainable. Delhi Sikh..........
Punjab State Election Commission Act, 1994, Section 41(2), 41(4), 89(1)(c), 89(1)(d) -- Rejection of nomination papers - Election of Sarpanch - Out of Six, nomination papers of five candidates rejected by Returning Officer - Sarpanch declared un-opposed - Grounds of rejection of nomination paper not within scope of Sec. 41(2) (a) & (b) read with Sec. 38 & 39 - Rejection..........
Punjab State Election Commission Act, 1994, Section 41(2), 41(4) -- Rejection of nomination papers - Restrictions on powers of Returning Officer - Nomination papers rejected on ground beyond the purview of provisions of Sec. 41(2) (a) & (b) - Rejection without any defect of substantial character - Returning Officer exceeded his powers - Played havoc with election process -..........
Specific Relief Act, 1963, Section 19 -- Suit for specific performance - Injunction regarding sale of suit property - Sale in violation of injunction order - Court shall treat such alienation as having not taken place at all - Purchaser cannot raise any defence on the basis of sale in his favour. Transfer of Property Act, 1882, Sec. 52...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Registration Act, 1908, Section 49 -- Unregistered agreement to sell - Recital regarding handing over possession - Execution of agreement not denied - Agreement can be used as evidence of possession in terms of Sec. 49 - Vendor rightly declined injunction...........
Civil Procedure Code, 1908, Section 47, Order 23, Rule 3 -- Suit for permanent injunction - Compromise between parties - Consent decree passed on the basis of compromise - Mutation not sanctioned by Revenue Authorities on the plea that right, title or interest not declared by consent decree - Second suit for declaration claiming one relief inconsistent to consent decree...........
Civil Procedure Code, 1908, Section 54, Punjab Land Revenue Act, 1887, Section 4, 48, 48A, 54, 111, 112(2) -- Partition of joint land assessed to land revenue - Constructed portion - Maintainability before Revenue Authorities - Objection to partition of joint land on the ground that land is non agricultural-petrol pump and workshop constructed on land - Use of land whether..........
Punjab Land Revenue Act, 1887, Section 111, Punjab Tenancy Act, 1887, Section 4(1) -- Partition - Distinction as to land used for agricultural/subservient purposes vis a vis land assessed to land revenue - Sec. 4(1) of Tenancy Act deals with agricultural tenancies - Subject matter of partition under section 111 of Land Revenue Act are land or tenancy - Partition of tenancy..........
Ejectment -- Suit for ejectment after death of original tenant - Necessary parties - Effect of non-impleadment of all heirs of tenant - Suit for ejectment filed against wife of tenant - Minor children not impleaded as party - Suit decreed - Decree challenged by children on attaining majority on the ground that they being necessary party, having not made parties, decree not..........
Hindu Succession Act, 1956, Section 14>(1), (2) -- Property of female Hindu - Succession of self acquired property - Will in favour of wife and nephews - Life estate in favour of wife - Nephews entitled to property on termination of life estate - Wife gifted the property to Gurudwara Sahib - Wife not absolute owner in terms of Sec. 14 (1) - Had restricted rights u/s 14 (2)..........
