Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 2, Civil Procedure Code, 1908, Order 9, Rule 6(1)(c), Limitation Act, 1963, Article 123 -- Exparte decree - Setting aside - Limitation - Starting point - When summons is not accompanied with copy of plaint or when summons is served after date of appearance, then period to set aside..........
Representation of the Peoples Act, 1951, Section 83, 123(7) -- Corrupt practices - Assistance from a gazetted officer sought either by (i) a candidate, or (ii) his agent, or (iii) any person with the constants of a candidate or his election agent for furtherance of the prospects of the candidate's election shall be deemed to be corrupt practice ` Election challenged on the..........
Representation of the Peoples Act, 1951, Section 83, 123, Civil Procedure Code, 1908, Order 6, Rule 16 -- Striking off pleadings - Election petition challenging election of returned candidate on the ground of void votes being polled, double voting, defective electronic voting machines etc. - High Court struck down certain pleadings being vague indefinite and lacking in..........
Transfer of Property Act, 1882, Section 123 -- Oral gift by Muslims - Permissible - However, when such parties choose to execute a gift deed, then it must conform to the requirement of S.123 of the Act - If the unregistered document is one, which merely refers to a previous oral gift, it can be acted upon, notwithstanding the fact that it was not registered and if a gift..........
Transfer of Property Act, 1882, Section 54, 107, 123 -- Applicability of Act to some States - No reason as to why Act is not extended to some States even by now - Its extension would ensure that no transfer is effected without satisfying the requirements of that Act and of Stamp and Registration Act...........
Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123 -- Land purchased 20 years back vide single sale deed - Compromise affected at that time - Parties in possession of their respective shares, constructed room and installed electric motors - Application for partition of land - Mode of partition prepared after spot..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123 -- Exparte decree - Setting aside - Limitation - In case there is due service limitation to file application to set aside exparte decree is 30 days from the date of decree - In case summons or notice was not duly served then limitation is 30 days of knowledge of the decree...........
Representation of the Peoples Act, 1951, Section 123 -- 'Corrupt practices' - Distribution of pension - Grant of old age/widow/handicap pensions to several inelligible persons in blatant violation of procedures and rules by returned candidate as Cabinet Minister - Money in the garb of pension presented as gift to voters inducing them to vote in favour of the returned..........
Representation of the Peoples Act, 1951, Section 123 -- 'Corrupt practices' - Appointment of Anganwadi Workers - Returned candidate being Minister Incharge of Social Security, Development of Women and Child Development Department misused his power in appointing Anganwadi Workers just prior to election...........
Punjab Land Revenue Act, 1887, Section 123 -- Affirmation of partition privately affected between co-sharers - General Law (i) Directory or Mandatory - The affirmation of the Revenue Officer of the private partition in revenue record is directory, (ii) Role of Revenue Officer - 'Affirmator' of partition. Affirmation is subject to verification of factum of partition...........
