Land Acquisition Act, 1894, Section 18, 9, 30, 53, Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading as a party to reference for enhancement of compensation - Not permissible- No confined in two decisions Niranjan Singh's case 1984 PLJ 200 and Bhag Singh's case 1984 P L. J. 279- Jurisdiction of Court confined to reference made to it by Collector under Section 18 -..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Arrest and detention of judgment-debtor - Cannot be ordered unless one of the conditions specified in Proviso to Section 51 satisfied...........
Hindu Marriage Act, 1955, Section 13(1)(iii), Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Petition by husband for divorce on ground of unsoundness of mind on the part of the wife - not allowed - in the High Court at the Letters Patent stage amendment application to convert the original petition to be one for divorce by mutual consent - allowed - from the..........
Punjab Municipal Corporation Act, 1976, Section 396, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Non-issuance of notice - Proceedings under Section 269 not taken after notice to person in occupation (tenant) - No order against tenant- Not incumbent on tenant to issue notice under Section 3, 6- Sub-section (3) provides for no, issuance of notice in a suit for..........
Specific Relief Act, 1963, Section 38 -- Injunction - Suit to restrain defendants from interfering with possession of plaintiffs as tenants over land in dispute - Finding recorded under Section 145 Code of Criminal Procedure that de fendants in possession of land - Open to Civil Court to upset finding of possession recorded in proceedings under Section 145 Code of Criminal..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13, 11 -- Suit in Civil Court for declaration that suit land not Shamilat Deh questioning entries in revenue records which showed land as belonging to Gram Panchayat - Gram Panchayat expressly claimed that land in question belonged to it as Shamilat Deh - Civil Court cannot make a declaration without deciding the..........
Civil Procedure Code, 1908, Section 9 -- Special statute creating bar of Civil Court jurisdiction - By cleverly drawing up plaint, plaintiff cannot confer jurisdiction on Civil Court - Punjab Village Common Lands (Regulation) Act, Section 13..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37, 40 -- Court can secure presence of judgment-debtor, if necessary by issuance of warrant of arrest - Order 21 Rule 40 and Section 51 come into operation after Court wants to send judgment-debtor to civil prison for the reason that decree had remained unexecuted - Contention that warrant of arrest of judgment-debtor..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 10, 4, 9 -- Injunction against order of ejectment passed under the Act - Jurisdiction of Civil Court expressly excluded - Section 10 mandatory - Object of Section 10 - Unauthorised occupant should not be allowed to defeat purpose of Act by obtaining ad interim injunction - Suit in Civil Court..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Arrest and detention of judgment debtor in prison in execution or enforcement of decree - Made subject to certain conditions and limitations prescribed in Proviso to Section 51 and Order 2L Rule 37 - Execution of decree for payment of money by detention of judgment-debtor in prison - Not to be ordered unless..........
