Northern India Canal and Drainage Act, 1873, Section 68 -- Order fixing Warabandi - Challenge on the ground that it was passed without issuing notice - Order not a nullity or wholly without jurisdictio, Voidable order - Appropriate course to approach appellate or revisional authority under the Act - Civil suit not appropriate remedy - Order passed under the Act - Can be..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 44, 42 -- Authority under the Act if acts in excess of powers conferred on it - Civil Courts have jurisdiction to entertain suit under Section 9 Civil Procedure Code - Section 44 of the Act bars jurisdiction of Civil Court only where State Government or Officer concerned acts within the..........
Constitution of India, 1950, Article 226 -- Dismissal of earlier writ petitio, Bar of res judicata - Will not operate if prayer for quashing impugned order in subsequent petition not made in earlier petitio, Civil Procedure Code (5 of 1908), Section 11. Where prayer for quashing the impugned order, which was made in the subsequent petition, was not made in the earlier..........
Civil Procedure Code, 1908, Order 41, Rule 7.3A -- As added by Punjab High Court and Section 151 - Scope of - Before considering whether retrial of suit is necessary the decree must first be reversed - Decree cannot be reversed for the sake of remanding the case - Remand cannot be ordered in exercise of inherent powers under Section l51 - Object of recording additional..........
Civil Procedure Code, 1908, Section 47 -- Express direction of Court regarding deposit of pre - emption amount if not complied with by decree - holder - Decree in favour of pre - emptor cannot be said to be in existence - Pre - emptor not entitled to take out execution - Amount deposited less than decretal amount in pre - emption decree - Decree - holder taking out..........
Punjab Pre-emption Act, 1913, Section 15(1)(a) -- Right of pre - emptio, Does not abate by death of pre - emptor - Can be exercised by his legal representatives. If the death of the pre-emptor takes place pending the second appeal then the substitution of legal representatives as representing the estate of pre-emptor is proper. (Para 3) The statutory right of pre-emption..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Restoration of possessio, Possession delivered under orders of Revenue Court despite stay ordered by Civil Court - Civil Court cannot order restoration of possession as Revenue Court is a Court of independent jurisdictio, Injunction cannot be ordered to Revenue Court. If a party had benefitted by disobeying an..........
Punjab Pre-emption Act, 1913, Section 11 -- Amount deposited or paid into Court by pre - emptor under the Act or Code of Civil Procedure - Not liable to attachment in execution of decree or order of a Civil, Criminal or Revenue Court or a Revenue Officer - Amount taken away against the provisions of Section 11 - Preemption suit cannot be defeated. Section 11 of the Punjab..........
Land Acquisition Act, 1894, Section 18 -- Landowner's application under Section 18 gave correct particulars of land but by mistake gave wrong number and date of award - Collector forwarding wrong award to the Court - Court can allow amendment under Order 6 Rule 17 of Code of Civil Procedure as long as Court was in seisin of the proceedings - Section 153 Civil Procedure..........
Land Acquisition Act, 1894, Section 18 -- Clerical or accidental error in landowner's application under Section 18 - Amendment of - Collector can allow - Civil Procedure Code (5 of 1908), Order 6 Rule 17. The Collector can allow amendment of original petition under Section 18 of the Land Acquisition Act...........
