Civil Procedure Code, 1908, Section 35B -- Costs - If on the date fixed for payment of costs the issue of payment of costs is not raised by either of the parties or taken notice of by the Court then impliedly the waiver of the right would arise - Therefore on subsequent dates it is not open to the parties to re-open the issue at their will and seek barring of further..........
Criminal Procedure Code, 1973, Section 239, 240, 397 -- Framing of charge - Challenge as to - By filing revision - Examination of record by revisional Court as if it would determine the issue after leading evidence and in a trial - He has also weighed the correctness of the allegations made in the FIR and the statements under Section 161 Cr.P.C. to arrive at a conclusion..........
Punjab Municipal Act, 1911, Section 195A(2), 189(1)&(2), 234, Criminal Procedure Code, 1973, Section 468 -- Continuing offence - Notices issued by Nagar Council stating therein that the respondents had started construction without obtaining requisite sanction from the Nagar Council - They were asked to stop the construction and demolish the construction which they have so..........
Punjab Co-operative Societies Rules, 1963 -- of Appendix - C - Rule 12 authorising Registrar to issue instructions necessary for conduct of election - Guidelines issued by Registrar for holding election to managing committee of co-operative societies in Punjab - Clause of guidelines contrary to provisions of Punjab Co-operative Societies Act and Rule framed thereunder -..........
Consumer Protection Act, 1986, Section 21(b) -- Revision jurisdiction - Reliefs given by the District Forum where not challenged by the petitioner/complainant before the State Commission - They would be deemed to have attained finality as far as petitioner is concerned - Petitioner wishes to raise an issue which was settled by the District Forum - Held that petitioner..........
Evidence Act, 1872, Section 35 -- Scope - Provision of S.35 Evidence Act requires the following conditions to be fulfilled before a document is held to be admissible thereunder : (i) it should be in the nature of the entry in any public or official register;; (ii) it must state a fact in issue or relevant fact; (iii) entry must be made either by a public servant in the..........
Punjab Security of Land Tenures Act, 1953, Section 14A(i) -- Ejectment on the ground of non payment of rent - Framing of issues- Issues are framed formally when many issues are involved - Where there is solitary dispute issue need not be framed formally...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Issue of Will - Cannot be treated as preliminary issue...........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit - Leave to defend - To be granted when there is a triable issue...........
Civil Procedure Code, 1908, Order 41, Rule 25 -- Appeal - Additional issue - Remand of case - Omission to frame an issue - Appellate Court to frame issue and direct trial Court to take evidence on that issue and return evidence together with its findings - Case for this purpose cannot be remanded...........
