Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 11 -- Title of Panchayat settled in proceedings under Section 11-Panchayat at liberty to initiate proceedings for taking possession under Section 7-Dispossession of unauthorised occupant of Panchayat land-Cannot be unless and until application moved by Panchayat under Section 7...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11 -- as amended by Punjab Act 25 of 1993 and Section 7-Application by Panchayat under Section 11 for determination of title-Objection to maintainability of application on the ground that earlier applications filed by Panchayat under Section 7 dismissed in 1976 and again in 1982 - Not tenable-Proceedings under..........
Specific Relief Act, 1963, Section 20, 21 -- Suit for specific performance of agreement to sell - Court has discretion to decree specific performance of agreement - Plaintiff may also claim compensation under Section 21 or any other relief to which he may be entitled including refund of money or deposit paid or made by him in case his claim for specific performance is..........
Criminal Procedure Code, 1973, Section 433A -- Remission - By introduction of Section 433A of the Code, the Parliament has not excluded or denuded the power of the appropriate Government to restrict the grant of remission to a class of prisoners only or exclude a class of prisoners from such benefit of remission...........
Consumer Protection Act, 1986, Section 3, Telegraph Act, 1885, Section 7B -- Jurisdictional bar - Does Section 7B of the Indian Telegraph Act, 1885 oust the jurisdiction of the Consumer Forum as constituted under the Consumer Protection Act, 1986? - Held No - Remedy under Consumer Protection Act is in addition to that provided u/s 7B of the 1885 Act - Option to invoke one..........
Punjab Village Common Lands (Regulation) Rules, 1964, Punjab Village Common Lands (Regulation) Act, 1961, Section 5 -- Transfer of Panchayat land-Prior approval of State Government-Necessary-Property of Panchayat can be disposed of in accordance with Rules which contemplate prior approval of Government-No resolution of Panchayat resolving to gift, transfer, sale or..........
Fraud -- Any order obtained by a party by fraud - Can be avoided at any time and even in collateral proceedings-Mere length of time for which fraudulent order remained operative-Would not transform it into a legal or unassailable order- Evidence Act, Section 44...........
Haryana Ceiling on Lands Holdings Act, 1972, Section 18(6) -- Delay of 18 years-Fraud committed on Court-Sufficient to condone delay-Evidence Act, Section 44...........
Letters Patent of Punjab and Haryana High Court, Succession Act, 1925, Section 299 , Civil Procedure Code, 1908, Section 104, 2(2), 2(9) -- Letters Patent Appeal against order of Single Judge in appeal under Section 299 Succession Act - Maintainable - Order of Single Judge in appeal under Section 299 Succession Act - Not governed by Section 104 Civil Procedure Code - Is a..........
Succession Act, 1925, Section 299 -- Words 'in accordance with the provisions of the Code of Civil Procedure, 1908' in Section 299 - Do not refer to any substantive rights of parties but merely procedural part thereof - Section 299 expressly provides for appeal to High Court - Right of appeal not conferred under Section 104 Civil Procedure Code - When a final order is..........
