Haryana Ceiling on Lands Holdings Act, 1972, Section 8, 12(3) -- Land purchased under Section 18 Punjab Security of Land Tenures Act - Authorities under Haryana Ceiling Act ignored purchase and ordered utilisation - Suit in Civil Court for declaration and injunction against State and Authorities under Haryana Ceiling Act - Act of utilising land prima facie without..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13, 7, 2(g), Civil Procedure Code, 1908, Section 9 -- Suit in Civil Court for mandatory injunction directing defendant to remove encroachment upon part of street and restraining him not to interfere in enjoyment of street - Allegations of plaintiff controverted that property not shamilat deh - Suit for removal of..........
Land Acquisition Act, 1894, Section 30 -- Suit in Civil Court for declaration that plaintiff entitled to receive one-half compensation amount as his share on account of acquisition of lard in suit - Jurisdiction of Civil Court - Barred - Proper remedy - To approach Collector for a reference under Section 30 - Civil Procedure Code (5 of 1908), Section 9...........
Northern India Canal and Drainage Act, 1873, Section 30G, 30FF - - Suit in Civil Court for mandatory injunction for demolition of Khal challenging order of Canal Authorities about restoration of Khal under sub-section (3) of Section 30-FF - Objection of failure to exhaust remedy of appeal under sub-sectr:on (4) of Section 30-FF - No proper order under sub-section (3) of..........
Land Acquisition Act, 1894, Section 18, 50, 53 -- Land acquired for benefit of Company - Proceedings in Court of District Judge in a reference under Section 18 - Impleading of Company under Order 1 Rule 10 as a party to proceedings - Allowed - Civil Procedure Code (5 of 1908), Order 1 Rule 10...........
Punjab Land Revenue Act, 1887, Section 158(1), 158(2)(xv), 3(8), 75, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92 -- Failure of Lambardar to deposit amount collected from landowners as land revenue - Sale of land of Lambardar to recover amount as arrears of land revenue - Suit by Lambardar in Civil Court for possession of land claiming to be its owner - Civil..........
Civil Procedure Code, 1908, Section 152 -- Object of allowing amendment: (i) to minimise litigation; (ii) avoid multiplicity of proceedings; and (iii) technicalities not to be allowed to stand id way of substantial justice - Court has a right to amend any defect or error in any suit or proceeding at any time - Section 153 gives ample powers to Court to save parties from..........
Civil Procedure Code, 1908, Order 21, Rule 2(2A), 2(3) - - Sub-rule (3) of Rule 2 stands deleted in State of Haryana by provisions of Haryana Relief of Agricultural Indebtedness Act, 1976 - Judgment-debtor can prove payment or adjustment of decree even if it has not been recorded in accordance with provisions of sub-rule (2A) of Rule 2 - Haryana Relief of Agricultural..........
Civil Procedure Code, 1908, Section 152 -- Mistake occurring in pleadings - Correction of after suit decreed - If mistake so palpable that nobody can possibly have any doubt as to what parties meant or what Court meant when it passed judgment, decree or order - Such correction in pleadings can be made under Section 152 -Power to rectify any mistake in judgment, decree or..........
Civil Procedure Code, 1908, Order 22, Rule 4(3) -- As substituted by Punjab & Haryana High Court on March 25, 1975 - Not inconsistent with provisions of Code as amended by Amendment Act, 1976 - Does not stand repealed - If a rule or sub-rule in Schedule I of Code was amended or substituted by a High Court before Amendment Act, 1976, the amended or substituted rule does not..........
