Punjab Village Common Lands (Regulation) Act, 1961, Section 7, Specific Relief Act, 1963, Section 37 -- Surplus area - Injunction - Jurisdiction of Civil Court - Held, Civil Court does not have jurisdiction to determine vesting or no, vesting of suit land in Gram Panchayat - However, instant suit was instituted for relief of permanent injunction only based on alleged..........
Civil Procedure Code, 1908, Section 9, East Punjab Urban Rent Restriction Act, 1949 - - Arrears of rent - Determination of - Jurisdiction of Civil Court - Held, Civil Court is the only Court of competent jurisdiction to determine the rate of rent as well as to pass decree for recovery of arrears of rent - Rent Controller under Rent Control Act cannot even pass order or..........
Civil Procedure Code, 1908, Order 7, Rule 11, Rajasthan Land Revenue Act, 1956, Section 207, 88, 188 -- Schedule III, Item No.5 and Item No.23C - Rejection of plaint - Agricultural land - Suit for declaration and permanent injunction - Jurisdiction of civil court to entertain such suit - Held, suit clearly barred by S.207 of Rajasthan Tenancy Act which bars such suit from..........
Specific Relief Act, 1963, Section 39, Punjab Village Common Lands (Regulation) Act, 1961, Section 13 -- Construction of roof on a public street - Suit for mandatory injunction by neighbour - Plea that jurisdiction of civil court is barred u/s 13 of Punjab Act - Held, suit for mandatory injunction in respect of construction raised by defendant which caused special damage..........
Administration of Evacuee Property Act, 1950, Section 7, 46 -- Evacuee property - Permanent injunction - Jurisdiction of Civil Court - Held, jurisdiction of Civil Court was not barred for entertaining suit for permanent injunction as there was no evidence on record which State produced that property in dispute has been declared evacuee property...........
Specific Relief Act, 1963, Section 38, Northern India Canal and Drainage Act, 1873, Section 30G -- Forcibly digging Khal/watercourse - Grant of permanent injunction - Jurisdiction of civil Court - Held, civil Court will certainly have jurisdiction to prevent or threatened wrong - In such a situation, civil suit is not barred by S.30-G of 1873 Act - Canal Authorities can..........
Punjab Land Revenue Act, 1887, Section 158 -- Brick earth - Jurisdiction of civil court - Declaratory suit with consequential relief of permanent injunction restraining appellant-State from assessing, levying or recovering royalty on brick earth - Maintainability - Held, once notice has been found to be beyond the four corners of the Land Revenue Act then suit would be..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 21(3), 44 -- Consolidation proceedings - Order passed therein - Declaratory suit thereagainst - Maintainability - Suit for declaration with consequential relief of permanent injunction challenging order passed by competent authority in consolidation proceedings u/s 21(3) of the Act on..........
Civil Procedure Code, 1908, Section 9, 60 -- Punjab Municipal Committee Act, 1911, - Water Tax - Levy of - Challenge thereto - Jurisdiction of civil court - Held, when the very legality and jurisdiction of the authority to impose and recover tax is under question, the jurisdiction of Civil Court would not be barred...........
Electricity Act, 2003, Section 126, 127, 154(5) -- Theft of electricity - Disconnection - Suit for injunction - Jurisdiction of civil Court - Held, when once an order has been passed by Assessing Officer while following procedure prescribed u/s.126 of the Act, civil Court would have no jurisdiction before plaintiff exhausts all remedies as provided u/s.127 of the Act -..........
