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..........
Punjab Land Revenue Act, 1887, Section 20 - - Service of notice when case relates to a large number of persons - Procedure as laid down in sub-section (3) of Section 20 to be followed - Mere proclamation - Not enough - Actual personal service on some of the persons interested - Necessary - Resort cannot be taken to provisions of Civil Procedure Code (Order 1 Rule 8) when..........
Civil Procedure Code, 1908, Section 100 -- Waiver - Not a question of fact but a question of law - Evidence can be gone into to find out if pre-emptor waived his right of pre-emption - No bar in re-appraising evidence on finding of waiver in second appeal - Evidence Act, Section 115...........
Punjab Co-operative Societies Act, 1961, Section 83 -- Exercise of compulsion by Registrar (which includes Assistant Registrar) against a person to produce documents - Competent - Registrar under Section 83 exercises powers of Civil Court regarding summoning and enforcing attendance of any person and requiring discovery and production of any document - Empowered to compel..........
Redemption of Mortgages (Punjab) Act, 1913, Section 12 -- Suit for declaration under Section 12 - Objection that relief for possession by way of redemption cannot be granted - Not tenable - Relief of possession by redemption by way of a consequential relief - Court can grant - Civil Procedure Code, Order 7 Rule 7...........
Pepsu Tenancy and Agricultural Lands Act, 1955, Section 47 -- Surplus area declaration challenged in Civil Court on the ground that no notice given to donees (sons) before declaring their land surplus in the hands of donor (father) - Order declaring surplus area, where no notice given to necessary parties, voidable and not void ab initio - jurisdiction of Civil Court to..........
