East Punjab Urban Rent Restriction Act, 1949, Section 17 -- Eviction order - Execution - Tenant fled objection alleging that execution before Rent Controller not maintainable in terms of S.17 of the Act as order of Rent Controller becomes a decree and can be executed by Civil Court only having jurisdiction in area - Objection dismissed sans and merit - Held, in States of..........
Civil Procedure Code, 1908, Order 22, Rule 3(2) -- (As in P&H) - Impleading of L.R's - There is no limitation for bringing on record legal representatives of plaintiff/appellant in a suit or an appeal - Amendment made by Punjab & Haryana High Court vide notification dated 21.2.1992 does not stand repealed by the Amending Act of 2002...........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Punjab State Election Commission Act, 1994, Punjab Nagar Palika Election Rules, 1994, Punjab & Haryana High Court Rules & Orders, Volume I, Chapter 14 Part E, Rule 11 - Election petition - Dismissal in default - Application for restoration not signed by the appellant but by the Advocate - Held, it is sufficient as Advocate is..........
Punjab Land Revenue Act, 1987, Section 158(2) -- Arrears of Haryana Rural Development Fund - Suit filed to challenge the assessment - Held, jurisdiction of civil court is barred in the case of suit instituted by the defaulter and not by the stranger or third person - A third person challenging liability to pay the amount, then jurisdiction of civil court is not barred...........
Haryana Ceiling on Lands Holdings Act, 1972, Section 12(3), 26, Punjab Security of Land Tenures Act, 1953, Section 5 -- Allotment of surplus area - Land of big landowner declared surplus under Act of 1953 on 05-01-1960 - Mutation sanctioned in favour of State of Haryana - Said land came to be vested in the state after commencement of Act of 1972, u/s 12(3) of the said Act..........
Punjab and Haryana High Court Rules and Order -- Volume 5, Chapter I, Para A, Rule 5 - Appeal - Registry should publish the list of cases periodically which are lying in default and should keep them arranged neatly in alphabetic order so that they may be immediately identified by the Advocate or the concerned Clerk of the Advocate...........
Civil Procedure Code, 1908, Section 100, Order 41, Rule 3 -- Punjab & Haryana High Court Rules & Orders, Volume I, Chapter XIV, Part B, Rule 10 - Appeal filed in the year 1981 - After 29 years it would not be justifiable to return the memorandum of appeal for re-filing after necessary correction/amendment in the memo of appeal - Appeal deserves to be rejected under Order..........
Advocates Act, 1961, Section 34 -- Rule 11 of Rules made by High Court of Punjab & Haryana - Change of counsel - Can be with consent of counsel already engaged - Consent if not produced then new counsel can apply to the Court stating the reasons why the said consent could not be produced and he could appear only after obtaining the permission of the Court...........
Civil Procedure Code, 1908, Order 22, Rule 2 -- Punjab and Haryana High Court Rules and Orders, Volume V, Chapter 3, Part A, R.8 - Proviso - Appeal - Challenging decree of declaration on basis of adverse possession in favour of plaintiff - Cancellation of Power of Attorney by plaintiff - Plaintiffs intentionally found to be not appearing - Sufficient intimidation of notice..........
Civil Procedure Code, 1908, Order 26, Rule 20, 21 -- Commission issued by foreign Court - Court can appoint Commission on request of foreign Court - Commission to examine witness issued by foreign Court - Witness residing within jurisdiction of Punjab and Haryana High Court - Commission appointed by High Court accordingly...........
