Civil Procedure Code, Section 34 -- Order 34 Rule 11 deals with mortgage suits and payment of interest - To mortgage suit special provisions in Order 34 Rule 11 alone applicable and not Section 34...........
Criminal Procedure Code, 1973, Section 110 -- Punjab Police Rules, 1934, Rule 23.4(3)(b) Vol.3 - Surveillance register - Stand taken by the respondents that name of the petitioner was not entered in the list prepared under section 110 Cr.P.C. - His name finds place in Surveillance Register maintained under 23.4(3)(b) Vol.3 of the Rules - The petitioner does not seek the..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Change of path or providing a new path - Person acquiring title to property after consolidation - Not share-holder at the time of consolidation - No right to move Consolidation Authorities for effecting change in paths provided during consolidation - Director Consolidation under..........
Civil Procedure Code, Section 10 -- Essential requirement that matter involved must be substantially the same - May not be wholly identical - Words 'directly and substantially in issue' used in contradistinction to words 'incidentally or collaterally in issue' - Identity of matter in both suits means that whole of the subject - matter in both proceedings is identical and..........
Chandigarh Lease Hold of Site and Building Rules, 1973, Rule 12, 21A -- High Court directed for forfeiture with liberty to file application for reallotment while both Appellate Authority and Revisional Authority did not order for forfeiture but granted time to make payment - Order of forfeiture not proper - Supreme Court set aside order of High Court - Capital of Punjab..........
Civil Procedure Code, Section 115(1) -- Proviso Clauses (b) and (a) - Order even if it has not finally or has the effect of finally disposing of suit or other proceedings - High Court has jurisdiction to interfere with the order in revision - Clause (b) of Proviso should be given a liberal construction - Cases which fall under Clause (b) of Proviso would not become..........
Civil Procedure Code, Section 115(1) -- Proviso Clauses (a) and (b) - Effect and scope of limitations on revisional jurisdiction of High Court - High Court can interfere in the orders in revision if they fall under Clause (b) of Proviso alone, of course, cases falling under Clause (b) must again be covered under Clauses (a) to (c) of Section 115(1) - Clause (b) of Proviso..........
Civil Procedure Code, -- Interim injunction restraining defendants from interfering in peaceful possession of plaintiff over suit land - Plaintiff claiming that Wakf Board had leased suit land in his favour - In earlier suit by father of plaintiff suit land alleged to be a grave-yard and Wakf Board gave undertaking before Court that it would not alienate suit land in any..........
Civil Procedure Code, 1908, Section 114, 151, 152, 153, Order 47, Rule 1 - - Enhanced compensation in land acquisition case because of subsequent judgment of High Court - Claimant not entitled to relief under Section 114 or Order 47 Rule 1 - Only remedy available to claimant - To file appeal against order of High Court - Cannot seek relief by moving application under..........
Civil Procedure Code, 1908, Section 151 -- Inherent jurisdiction - Cannot be invoked for grant of a substantive relief where specific provision in that behalf is available under other provisions of the Code - Section 151 not a substantive provision conferring any right to get any relief of any kind - Merely a procedural provision which enables a party to have proceedings..........
