Pepsu Utilisation of Surplus Area Scheme,1960 -- Paragraph 14 as added by Notification dated 4th June, 1965 - Review of order passed earlier to date of conferment of power of review - Competent - Nar Singh's case 1980 P. L. J. 587 Over-Ruled - Power of review provided for in Scheme more or less analogous to power vested in Civil Court under Section 152 Civil Procedure..........
Civil Procedure Code, 1908, Order 30, Rule 1, 2 -- Suit for permanent injunction in Civil Court restraining Gram Panchayat from dispossessing forcibly from land which vested in Gram Panchayat - Theka of land auctioned yearly by Gram Panchayat and different persons used to occupy land on yearly basis - Person who took the lease for a particular year - Cannot be said to be a..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint in pre-emption case - Pre-emptors claiming superior right of pre-emption as sons of female vendor and brothers of other vendor - Amendment of plaint after expiry of period of limitation seeking to add that female vendor succeeded to her share through her husband i. e. inherited it from her husband - Cannot..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, 11 -- application by transferee (assignee) from defendant for being impleaded as party to the cause -Should ordinarily be granted - Provisions of Rules 10 and 11 of Order 22 of enabling character and entitles assignee to make application for being impleaded during pendency of suit..........
Punjab Land Revenue Act, 1887, Section 158(2)(xiv) -- Prohibition not applicable to claims of persons other than defaulter - Agreement entered into between Co-operative Society through its Secretary and Department of Government - Recovery of amount from Secretary of Co operative Society - Secretary of Co operative Society would be a defaulter if : (i) agreement entered..........
Haryana Canal and Drainage Act, 1974, Section 25, 17(2), 18, 19 -- Orders of Divisional Canal Officer and Chief Canal Officer challenged in Civil Court as without jurisdiction and not binding on the ground that so called Scheme not published in manner prescribed by Section 17(2) and no notice of implementation of Scheme issued as required by Section 19 - Notice issued to..........
Punjab Security of Land Tenures Act, 1953, Section s, 18, 25 -- Suit in Civil Court challenging order passed under Section 18 on the ground that alleged tenant not in possession of land in dispute as a tenant - Objection that order of purchase having been passed by Assistant Collector 1st Grade and first instalment having been paid, tenant deemed to have become owner of..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Consent decree - Nothing but a contract between the parties with a seal of Court superimposed thereon - Can be avoided on any ground on which contract can be avoided under provisions of Contract Act - If contract or consent decree passed thereon contains a forfeiture or penalty clause - Court can give relief to..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97, 99 - - Application by third person not a party to decree to Executing Court for staying dispossession till determination of his claim for ownership or possession of property in dispute - Not competent - First he has to surrender possession - Cannot seek same relief by application under Section 151 - Executing..........
Punjab Security of Land Tenures Rules, 1953 -- Rule 11 - Proceedings under Punjab Security of Land Tenures Act - No specific procedure provided in Revenue Law - Principles enshrined in Civil Procedure Code applicable - Principles of Section 10 Civil Procedure Code- Applicable to proceedings before Revenue Officers - Multiplicity of proceedings should be avoided - Civil..........
