Specific Relief Act, 1963, Section 39, Transfer of Property Act, 1882, Section 105, 107, Court Fees Act, 1870, Section 7(iv)(c) -- Licensee - No need to file suit for possession by paying court fee on the market value of the property - Suit for mandatory injunction is maintainable...........
Maintainability of petition -- Maintainability of a petition is to be decided first and if it is found in the affirmative only then the merits need to be gone into as in case petition is found to be not maintainable then Court should not enter into merits because whatever is said or found on merits would then be without jurisdiction...........
Specific Relief Act, 1963, Section 6 -- Suit for possession - Plaintiff dispossessed under direction of SDM u/s 145 Cr.P.C. - Plaintiff was not a party to those proceedings - Dispossession of plaintiff cannot be said to be in due process of law - Suit for possession filed by him under S.6 is maintainable...........
Civil Procedure Code, 1908, Section 115, Order 23, Rule 1 -- Revision against dismissal of appeal compromised through counsel - Not maintainable...........
Succession Act, 1925, Section 119, 232, 234, 235, 253 -- Letters of administration with copy of Will - Petitioner having interest in property after death of his father executing Will - Has vested right in property - Petition for grant of letters of administration is maintainable - Petitioner legatee under Will - Apprehensive that property may be alienated by his mother..........
Punjab Land Revenue Act, Section 16 -- as amended w.e.f. 16th April, 1998 - Second revision - Competency of - Revision before Financial Commissioner against order of Commissioner by which revision dismissed against order of Collector passed in appeal upholding order of Assistant Collector - Maintainable...........
Specific Relief Act, 1963, Section 38 -- Suit for restraining the defendant from obstructing the use of street as mentioned in the sale deed executed by him in favour of the plaintiff - Stipulation made in the sale deed carries with it a corresponding obligation on the part of the defendant to permit it to be so used by the plaintiff - Suit for prevention of the breach of..........
Specific Relief Act, 1963, Section 20, Registration Act, 1908, Section 77 -- Sale deed executed but not registered - Suit for specific performance seeking direction to register sale deed and for injunction or possession of immovable property - Dismissal of suit on ground that plaintiff had to avail remedy u/s 77 of Registration Act - Not sustainable - Section 77 of..........
Specific Relief Act, Section 38 -- Suit for permanent injunction restraining defendant from interfering with plaintiff's peaceful enjoyment of street or from raising any construction so as to obstruct use of said street on the side of his house - Objection that suit not maintainable as suit for injunction filed without complying with requirement of Section 91 Civil..........
Civil Procedure Code, 1908, Section 100 -- If there is essentially an erroneous approach to the relevant facts by the lower appellate authority, it is a real question of law - Second appeal is maintainable...........
