Punjab Land Revenue Act, 1887, Section 158, Himachal Pradesh Land Revenue Act, 1954, Section 171 -- Exclusion of jurisdiction of Civil Court - Even if statute gives finality to orders of Special Tribunals - Does not exclude cases where : (i) Statutory Tribunal has not acted in conformity with fundamental principles of judicial procedure, or (ii) particular provisions of..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Suit for specific performance - A third person claiming to be joint owner of subject-matter of dispute - Not entitled to be impleaded as a defendant - Strangers to contract making a claim adverse to title of vendor contending that they are co-owners of contracted property - Neither necessary nor proper party - Not entitled..........
Punjab Pre-emption Act, 1913, Section 15 -- Right of pre-emption claimed being a cousin of vendor - Particular clause of section not specifically stated in plaint - No objection raised in trial Court or lower appellate Court - Parties fully alive as to under what clause right of preemption claimed - Technical objection of no, specification of clause under which right of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Plaintiff in a suit for permanent injunction restraining defendant from dispossessing him forcibly claiming himself to be in possession as a tenant and entitled to continue as such till evicted in accordance with law - Defendant held to be entitled to restoration of possession by Sessions Judge under Section 145 Criminal..........
Punjab Co-operative Societies Act, 1961, Section 82(3), 63 -- Proceedings to execute Award - Objection petition under Section 47 Civil Procedure Code - Not barred - Section 82(3) does not bar raising of objection that Award a nullity in execution proceedings - Civil Court jurisdiction to determine whether Award valid or not - Not barred - Arbitrator did not issue any..........
Civil Procedure Code, 1908, Section 35B -- Date next following - Interpretation of - Means date on which case adjourned by Court for adjudication i. e. time when case taken and Court applies its mind thereto and case adjourned to next date for trial of case - Once no issue regarding costs raised till the time when Court takes up case or passed order and case adjourned for..........
Punjab Land Revenue Act, 1887, Section 75, 72 - - Building used for residence - Not exempt - Exemption only to properties specified under the Act - No provision in the Act corresponding to clause (ccc) (as applicable to Punjab and Haryana State) to proviso to sub-section (1) of Section 60 C. P. C. - Act a complete code providing modes and machinery for recovery of arrears..........
Civil Procedure Code, 1908, Section 60 -- Applies only to execution of decrees of Civil Courts - Attachment and sale under any other statute - Section 60 not applicable unless made expressly applicable thereto...........
Press Note of 1962 -- Does not set up any hierarchy of tribunals specially empowered to deal with the rights and obligations of parties - Rules incorporated in Press Note do not exclude jurisdiction of Civil Courts either expressly or impliedly - No rule in Press Note excluding jurisdiction of Civil Court to adjudicate upon disputes relating to rights and liabilities of..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13 -- Suit in Civil Court against Gram Panchayat for possession of land on the basis of title - Trial Court dismissed suit as Civil Court jurisdiction barred - Appellate Court accepted appeal and remanded case for decision on merits holding that Civil Court has jurisdiction - High Court decision on which Appellate..........
