Transfer of Property Act, 1882, Section 111(h) -- Notice - Mention of S.111(g) instead of S.111(h) in notice of termination of tenancy - Does not invalidate notice...........
Civil Procedure Code, 1908, Section 9, H.P.Tenancy and Land Reforms Act, 1974, Section 118,101 -- Jurisdiction of civil court - Plaintiff purchased land on basis of sale deeds - Question whether he was an agriculturist or not within meaning of the Act has been decided finally by Collector - Remedy of appeal to Commissioner and Financial Commissioner was never availed by..........
Central Civil Service (CCA) Rules, 1985, Rule 11, 16 -- Recovery from salary - During the course of employment as Driver the vehicle driven by petitioner met with an accident - In claim petition before MACT an Award passed for a sum of Rs. 13,39,268/ - - On the basis of Award letter written by Secretary (Health) Government of H.P. requested respondent No. 2 to make..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - D.H. when dispossessed after passing of decree then executing Court has full power to give effective relief to the decree holder by restoring the possession...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Proviso - Provisional rent - It is the duty of Rent Controller to assess accurate amount of provisional rent to be tendered by the tenant - In case accurate amount payable by tenant is not assessed by Rent Controller and tenant fails to pay the exact amount then tenant is not liable to be evicted for no..........
Criminal Procedure Code, 1973, Section 482, Motor Transport Workers Act, 1961, Section 2(h) -- Quashing of Criminal proceedings - Complaint against petitioners, who are MD and Managers of company for offence allegedly committed under Motor Transport Worker Act, 1961 - Company is a courier company utilising motor vehicles and hence Tamil Nadu shops and Establishments Act,..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Filing of additional written statement - Suit for eviction duly filed by Executive Officer of temple after obtaining specific and proper sanction - Defendant sought permission to file additional written statement incorporating plea as to authority of Executive Officer - Held, suit for eviction is duly filed by executive..........
Civil Procedure Code, 1908, Order 21, Rule 105, 106 -- Execution - Restoration - Execution petition dismissed in default can be ordered to be restored - Contention that petition was dismissed and not dismissed in default - Order dismissing petition on the ground that non turned up on behalf of D.H. or J.D. - Order passed without prejudice to the right of D.H. or any other..........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Money decree - Arrest and detention - It is one of the options available to D.H. - He cannot be forced to take recourse to this provision only as a last resort after exhausting all other modes of execution...........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Money decree - Arrest and detention - Mere fact that J.D. owns property - No ground to refuse his detention in civil prison - Finding of trial Court that J.D. owns landed property and hence D.H. should proceed against said property instead of seeking arrest and detention - Not proper...........
