Haryana Urban Development Authority Act, 1977, Section 17(4),17(5) -- Resumption of plot - Plea raised in reply to show-cause notice - Estate Officer must consider the plea raised - Non-mention of what was pointed out - Authorities in routine manner simply referred to the fact that construction not completed therefore plot liable to be resumed - Even appeal dismissed..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Limitation - Plea as to bar of limitation not raised in pleading as such no issue framed - Plea also not raised before lst appellate Court - Cannot be allowed to be raised in the second appeal...........
Punjab Package Deal Properties (Disposal) Rules, 1976, Rule 4 - - Remarriage of war-widow - Effect on eligibility for allotment - Rule 4 allows eligibility to be maintained on remarriage of war-widows in certain situations - Plea that allottee war-widow had remarried and had children from new husband - No evidence brought forth to establish that war-widow will be..........
Hindu Minority and Guardianship Act, 1956, Section 8, Guardians and Wards Act, 1890, Section 29 -- Hindu Joint Family Property - Agreement to sell executed by father acting for himself and as natural guardian of his minor sons in respect of Hindu Joint Family Property - Such an alienation not altogether prohibited under law but only voidable - Minor sons after attaining..........
Punjab Courts Act, 1918, Section 41 -- Second appeal - Plea that plaintiff not ready and willing to perform his part of contract - Question of fact - Cannot be raised in second appeal - Civil Procedure Code, Section 100...........
Civil Procedure Code, 1908, Section 12, Order 23, Rule 1(4), Civil Procedure Code, 1908, Order 9, Rule 9 -- Withdrawal of suit without permission of Court - Precluded from instituting a fresh suit in respect of same cause of action - Plea of bar U.O.23.R.1(4) being a pure question of law affecting jurisdiction of Court, can be raised at any stage of suit or appeal unlike..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Suit for dissolution of firm and accounting - Suit withdrawn without permission of Court - Fresh suit filed - Suit decreed for accounting only - Plea regarding maintainability of second suit neither raised in trial Court nor first Court of appeal - No cross - objection filed to oppose plaintiffs second appeal - Hence only..........
Easement Act, 1882, Section 15, Civil Procedure Code, 1908, Order 41, Rule 2 -- Second appeal - New plea - Plea as to right of passage acquired by easement of prescription - Plea not raised in written statement filed in a suit for injunction to restrain party from using passage - Plea requiring finding whether passage is used continuously for over twenty years - Plea..........
Civil Procedure Code, 1908, Section 96 -- New plea - Plea neither raised in written statement nor urged before trial Court - Cannot be raised during hearing of first appeal...........
Stamp Act, Section 36 -- Agreement to sell - Suit for specific performance - Plea that agreement is not properly stamped - Cannot be raised for the first time in appeal...........
