Punjab Land Revenue Act, 1887, Section 16, Punjab Land Revenue Rules, 1908 -- Appointment of Lambardar - `A' appointed Lambardar by Collector on recommendation from Asstt. Collector & SDO(Civil) - `A' mis-represented about his qualification & land holding - Inconsistent statements about his qualifications before various Revenue Officials - No documentary evidence in..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- recalling of witness - Affidavits of witnesses tendered in evidence - Witnesses cross examined - Affidavits not signed by witnesses - Application for summoning witnesses to append signatures on affidavits - Opposed - Affidavits duly attested by Oath Commissioner - Witness signed register of Oath Commissioner -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings/written statement - No facts pleaded nor any grounds raised in amendment application - No contention in amendment applicaton that despite due diligence the matter could not be raised earlier - Amendment sought at belated stage - Issues framed - Three witnesses examined - Documentary evidence tendered -..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Commencement of trial - Trial is deemed to commence when the issues are framed and the case is set down for recording evidence. (2005) 4 SCC 480 relied...........
Representation of the Peoples Act, 1951, Section 83, Civil Procedure Code, 1908, Order 7, Rule 11 -- Contents of election petition - Material facts not stated in petition - Petition liable to dismissed - Distinction between material facts (facta probanda) and material particulars (facta probantia) - `Material facts' are primary or basic facts which must be pleaded by the..........
Representation of the Peoples Act, 1951, Section 83, 123, Civil Procedure Code, 1908, Order 6, Rule 16 -- Striking off pleadings - Election petition challenging election of returned candidate on the ground of void votes being polled, double voting, defective electronic voting machines etc. - High Court struck down certain pleadings being vague indefinite and lacking in..........
Civil Procedure Code, 1908, Order 14, Rule 1, 2, 5, Evidence Act, 1872, Section 101 -- Recasting of issues at appellate stage - Suit for possession - Decreed by Trial Court - In appeal, the Appellate Court set aside judgment & decree on the ground that issues framed by Trial Court not happily worded and burden of proof was not appropriately put - Appellate Court reframed..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary & proper party - Suit challenging sale deed executed by father - Application under order 1 rule 10 by father for impleading party - Allowed by Trial Court - Order challenged on the ground that suit qua father had become time barred - Suit filed with in the limitation period - After impleadment defendant can take..........
Civil Procedure Code, 1908, Section 10, Punjab State Election Commission Act, 1994, Section 80, 81, 87, 100 -- Order of recount - Whether to operate as resjudicata - Election of Sarpanch of Gram Panchayat - Election petition - Application for recounting of votes - Dismissed by Tribunal - Another application for recount - Allowed by Tribunal - Order of recount set aside in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- No equitable right can be granted at the cost of lawful right of the other - Suit for possession by way of specific performance of agreement - Defendant raising counter claim challenging validity of earlier sale deed as well as agreement to sell - Application u/o 39 R. 1 & 2 by both the parties - Plaintiff restrained from..........
