Civil Procedure Code, 1908, Section 141 -- `Include' - Word include enlarges the scope of the section 141 - Held, proceedings of miscellaneous nature fall within definition of S.141...........
Civil Procedure Code, 1908, Section 80(2) -- Application under sub section (2) for dispensing with service of notice as required under sub section (1) - Incumbent on trial Court to pass a specific order on application taking into account nature of case and also on reaching a conclusion whether or not immediate relief required to be afforded to plaintiff - Return of plaint..........
Civil Procedure Code, 1908, Section 115, 80 -- Trial Court without passing any order allowing or disallowing application under sub section (2) of Section 80, granted temporary injunctio, Shows that Court did : appreciate urgency of matter - Objection in written statement that suit not maintainable because of no, service of notice under sub section (1) of Section 80 prior..........
Specific Relief Act, 1963, Section 6, 41, Civil Procedure Code, 1908, Section 151, Order 39, Rule 1(c) - - Temporary injunction preventing dispossession of plaintiff- Word "threatens" in clause (c) implies a wrongful act on part of defendant and taking the law into his own hands-Defendant when seeks to recover possession through judicial process by way of execution of a..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 41(b) -- Ad interim injunction - Provision of Section 4l(b) Specific Relief Act equally applies to grant of temporary injunction...........
Civil Procedure Code, 1908, Section 151, Specific Relief Act, 1963, Section 41(b) -- Ad interim injunction - Cannot be granted in violation of provisions of Section 4l(b) Specific Relief Act...........
Punjab Pre-emption Act, 1913, Section 15, 4, Specific Relief Act, 1963, Section 41(b), Civil Procedure Code, 1908, Section 151 -- Pre-emption suit on ground of co-sharer- Vendee filed application before Assistant Collector for partition of Khewat and separation of share of land purchased - Ad interim injunction restraining vendee from pursuing partition proceedings -..........
Civil Procedure Code, 1908, Order 43, Rule 1, 1A, Civil Procedure Code, 1908, Order 23, Rule 11 -- No appeal lies under Section 96(3) from a decree passed by Court with consent of parties - Clause (m) of Rule 1 of Order 43 deleted by Civil Procedure Code (Amendment) Act 1976 with effect from 1.2.1977 and instead Rule lA inserted which provides appeal against a decree..........
Punjab Village Common Lands (Regulation) Rules, 1964, Rule 21A, Punjab Village Common Lands (Regulation) Act, 1961, Section 11 -- Collector exercising functions under Section 11 - Not required to observe procedure as prescribed in Civil Procedure Code except to entertainment of claim application in the form of a statement duly signed and verified in the manner provided in..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11(2) -- Commissioner exercising functions under Section 11(2) as Appellate Authority - Not required to observe procedure as prescribed in Civil Procedure Code - Appellate Authority when conferred with power to pass such order as it may deem fit in relation to order appealed against, includes in it power to remand..........
