Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for possession - Application for amendment of plaint to incorporate plea that suit property owned by Punjab Wakf Board and is leased to plaintiff - Declined by trial Court on the ground that number of suit property as mentioned in plaint and lease deed is different - At the stage of considering..........
Punjab Police Rules, 1934, Rule 25.21, Evidence Act, 1872, Section 32 -- Vol.III - Dying declaration - Recorded by Police Officer - Witnesses were present in the hospital but police officer did not join them nor doctor was requested to attest the same or append a note with regard to the fitness of the deceased - This circumstance by itself is sufficient to doubt the..........
Punjab Police Rules, 1934, Rule 25.21 -- Vol.III - Dying declaration - Procedure to be adopted for recording dying declaration - (1) A dying declaration shall whenever possible be recorded by a Magistrate; (2) The person making the declaration shall, if possible be, examined by a medical officer with a view to ascertaining that he is sufficiently in possession of his..........
Possession -- Rights of perspective vendee - Land leased to plaintiff/respondent - Subsequently mortgaged - Later on parties entered into an agreement to sell - Suit for specific performance by vendee - Application for interim injunction - Plaintiff/respondent in lawful possession of land - Defendant/petitioner restrained from taking possession illegally and forcibly -..........
Punjab Land Revenue Act, 1887, Section 16, 121 -- Partition of land - Appeal after preparation of Sanad Takseem - `Naksha Bay' not challenged - `Naksha Zeem' prepared - Sanad Taksim issued - Mutation sanctioned - Possession stands exchanged - Partition proceedings challanged after attaining finality - Appeal/Revision not maintainable once partition proceedings are..........
Punjab Land Revenue Act, 1887, Section 158 -- Exclusion of jurisdiction of Civil Courts - Question of title - Agricultural land - Civil suit for separate possession & partition - Question of title arose for determination between parties - Trial Court dismissed suit on the ground that only the reveue authories had exclusive jurisdiction to partition the suit land - Only..........
Punjab Police Rules, 1934 -- Dismissal - Absence from duty - When they were required to watch a convict admitted in hospital - It constituted a grave misconduct - After second show cause notice it was obligatory on the part of the disciplinary authority to arrive at such a positive finding the appellant have committed gravest acts of misconduct - Occurrence has taken place..........
Haryana Municipal Act, 1973, Section 95, Punjab Municipal Act, 1911, Section 84, 86 -- House Tax - Jurisdiction of Civil Courts - Recovery of arrears of House Tax challenged in civil suit - All questions relating to assessment of House Tax, to be examined by Authorities under Municipal Act - Jurisdiction of Civil Court barred u/s 95 of the Haryana Municipal Act. AIR 1979..........
Punjab Nazool Lands (Transfer) Rules, 1956 -- Nazool land - Allotment cancelled on the ground of alienation/sale of land by allottee in violation of Rules & allotment agreement - Factum of sale of land cateogorically denied by allottee - Suit for specific performance of agreement to sell by alleged vendee - Suit dismissed - Complaint by alleged vendee after dismissal of..........
Punjab Nazool Lands (Transfer) Rules, 1956 -- Allotment of Nazool land cancelled on ground of sale of land by allottee in contravention of allotment agreement - No material to hold alienation/sale of land by allottee - Statement made by allottee before the authorities that he has committed a mistake and be forgiven - Mere statement cannot be in itself construed to hold..........
