Punjab Land Revenue Act, 1887, Section 111, Civil Procedure Code, 1908, Order 9, Rule 13 -- Partition proceedings - Ex parte decree - Setting aside of - Held, no body should be condemned unheard - In present case, Assistant Collector, 1st Grade violated basic rule of audi alterm parterm while passing ex-parte order - Revenue authorities i.e. Collector, Commissioner as well..........
Civil Procedure Code, 1908, Order 21, Rule 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 -- Execution - Attachment of J.D's property not in his possession - Execution application must be clear and with details as required - Warrant of attachment issued at the instance of D.H. based upon vague averments, held, illegal, impermissible and liable to be withdrawn/vacated...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application cannot be filed by a person who was not initially a party to the proceedings...........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree - Setting aside - There is no law that whenever one of the spouses contacts second marriage, after obtaining a decree of divorce, the decree cannot be set aside...........
Punjab Apartment and Property Regulations, 1995, Section 3, 5, 8, 9, 14(2), 15, 18, Indian Penal Code, 1860, Section 120B, Criminal Procedure Code, 1973, Section 482 -- Framing of charges - Quashing of - If nature of accusation of criminal conspiracy, material evidence, legal position and totality of facts and circumstances of the case are put together then conclusion is..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - At the instance of L.R's of sole defendant - Application filed after eight months of decree on ground of lack of knowledge of property or the litigation - Knowledge claimed to have been acquired only one month before - Material on record showing applicants having knowledge about litigation -..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree - Application by wife to set aside - Plea of remarriage by husband - There is no reason for Court to be influenced by the alien factors...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte divorce decree - Setting aside - Service through Munadi - House number not mentioned in the summons - Process Server also does not know the number of any building where the affixation took place - Such type of service by Munadi in a sub-urban area without making a..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for injunction - In a suit for bare injunction, Court should discourage filing of an application for appointment of Local Commissioner as the scope of such a suit is very limited...........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 15, Civil Procedure Code, 1908, Section 9 -- Bona fide dispute of title - Jurisdiction of Civil Court - Held, having regard to limited nature of jurisdiction of Estate Officer, bona fide title disputes cannot be gone into under Public Premises Act - In such matters, jurisdiction of Civil Court is not..........
