Civil Procedure Code, 1908, Order 26 -- Local Commissioner - Encroachment during pendency of suit - Local Commissioner should be appointed to find out the extent of encroachment...........
Co-sharers -- Encroachment of right of way by another co-sharer - When rights of a co-sharer in the form of a right of way and peaceful enjoyment is violated and on the other hand demolition of construction can be a substantial injury to the other co-sharer then to exercise discretion Court must consider balance of convenience between the parties - Discretion to be..........
Punjab Municipal Corporation Act, 1976, Section 269 -- Suit for permanent injunction to restrain Corporation from carving out street through his property - Corporation pleaded encroachment by plaintiff on street but failed to prove any encroachment on the street - Held, plaintiff is entitled to relief of permanent injunction...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13, 13(a) -- Bar of jurisdiction - Suit for mandatory and permanent injunction directing defendants to remove encroachment already made and to restrain them from further encroaching the street, in existence in front of the houses of plaintiff and defendants - No dispute with regard to question of title and that..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13 -- Bar of jurisdiction - Suit for mandatory and permanent injunction directing defendants to remove encroachment already made and to restrain them from further encroaching the street, in existence in front of the houses of plaintiff and defendants - A.C. Ist Grade has the limited power u/s 7 of the Act to pass..........
Prevention of Corruption Act, 1988, Section 13, 20 -- Accused, a patwari, demanded and accepted bribe of Rs.400/- for supplying copies of revenue record - Statement of complainant and his brother contradictory and discrepant - Accused had prepared encroachment case against father of complainant and the complainant - Complainant thus had motive to frame the accused - No..........
Civil Procedure Code, 1908, Section 91(1) -- Encroachment of public street - Suit for mandatory/permanent injunction - Causing hardship to plaintiff in ingress and egress to his house situated alongside the street - Special damages caused to plaintiff on account thereof - Held, plaintiff has locus standi to file the suit independently of the provision of S.91 CPC and..........
Punjab Panchayati Raj Act, 1994, Section 20(4), 208 -- Suspension of Sarpanch u/s 20(4) of the Act on ground that she failed to take any action against encroachers of Panchayati land - No allegation that Sarpanch herself made any encroachment on public land - Held, u/s 208 of the Act, if a person is found in an unauthorized occupation of property belonging to any local..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Encroachment of Panchayat land - Eviction order passed - Threat of demolition of house in the garb of execution of orders - Civil Court granted injunction - Once a Court grants injunction and if any other competent authority has granted any right to the contrary, the same has to be kept in abeyance and cannot..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973 -- Street - Civil Court passed status quo order - Proceedings initiated under Punjab Public Premises Act for removal of encroachment - Adjourned sine die to await the decision of civil suit - Held, as status quo order, passed by Civil Court, was still operative as such application under Punjab Public..........
