Civil Procedure Code, 1908, Section 91(1)(b) -- Suit required to be instituted by obtaining leave of Court - Law enjoins a duty on the Court that such power should be exercised judiciously and not in an arbitrary manner - Court is required to pass a reasoned order so as to disclose why permission has been granted to institute such suit...........
Punjab Land Revenue Act, Section 16, 111, 112, 113, 114, 115, 116, 117, 118 -- Revision against order approving Naksha `Khe' in partition case - Plea that Bhund Barani land not given according to share of parties - Not tenable as irrigated land equally distributed amongst the parties - Order of Assistant Collector well reasoned and all points raised taken into account,..........
Criminal Procedure Code, 1973, Section 437 -- Bail application - Dismissal by High Court by cryptic order - Held, petitioner permitted to file application again - High Court to pass reasoned order...........
Punjab Land Revenue Act, 1887, Section 13 -- Lambardari appeal - Collector is Appointing Authority in case of Lambardar - Choice of Collector in appointment of Lambardar - Should not be interfered with unless order on the face of it appears perverse or without jurisdiction - Collector analysed comparative merits of candidates in a well reasoned order - Commissioner not..........
Civil Procedure Code, 1908, Section 80(2) -- Notice - Permission to institute suit without notice - Mechanical grant of permission without application of mind by the Court which permit the institution of suit, is not contemplated u/s 80 (2) CPC - Court to pass a reasoned order enabling State to challenge the said order before the same Court...........
Service -- Caste scrutiny - Petitioner's caste claim found to be false in caste scrutiny - Service terminated - Petitioner not aware of caste scrutiny - Termination order quashed with directions to hold scrutiny afresh after providing opportunity to petitioner to support his caste claim and to pass reasoned order with direction to furnish the copy of the said order to the..........
Punjab Land Revenue Act, 1887, Section 13 -- Lambardari appeal - Challenge to order of Commissioner remanding case as earlier remand order not complied with in totality - Order of Collector appointing Lambardar not a well reasoned order and does not explain the basis of finding appointee suitable in view of report of Tehsildar and S.D.O. (C) that he was not permanent..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent finding of fact - Finding that no agreement to sell was entered into between the plaintiff Leela Ram and Bhagwan Dass are well reasoned and based on appreciation of evidence - Do not call for any interference...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Joint owners - Property not partitioned - Defendant raising construction over the portion where he had raised construction about 20 years back and the same has fallen due to rains - Trial Court declined injunction - Reversed by appellate Court - Order of trial Court is legal and well reasoned - Order..........
Civil Procedure Code -- Order 43 - Order 39 ,R. 1 and 2 - Appellate Court jurisdiction to interfere with order passed by trial Court under Order 39 Rules 1 and 2 - Must pass a reasoned order after hearing both the parties and keeping in view the law laid down in Guru Nanak's case 1995 PLJ 207 and Maman Chand's case 1995 PLJ 508...........
