Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary Injunction - Suit for permanent injunction restraining defendants from raising construction on joint land - Plaintiff concealed factum of family partition between co-sharers - Has not approached the Court with clean hands - Not entitled to equitable relief of injunction...........
Haryana Panchayati Raj Act, 1994, Section 175(1)(n) -- Illegal Possession - Disqualification of Sarpanch - Permanent construction over shamlat land - Removed much prior to election of Sarpanch - Sand & Rori found on shamlat land - Cannot be termed as encroachment - Public having access to shamlat land - Sarpanch cannot be removed u/s 175(1)(n) for illegal possession of..........
Punjab Land Revenue Act, 1887, Section 16, Punjab Land Revenue Rules, 1908 -- Appointment of lambardar - Candidature recommended by AC-1 grade - Collector appointed lambardar - Appointee working as lineman in electricity board - Availability of incumbent in village doubtful - Case remanded to Collector to ascertain availability of incumbent in village - Availability of..........
Punjab Land Revenue Act, 1887, Section 16 -- Status of late applicants to the post of Lambardar - Vacancy of post of Lambardar - Proclamation inviting applications - Only one person applied - Appointed Lambardar by the Collector - Two other persons applying after due date, challanged order of appointment - Commissioner remanded matter to examine the issue of availability..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by husband on ground of cruelty - Filing of criminal cases by wife - Per se not a ground for grant of divorce - However, if wife deliberately implicates all family members of husband including old parents and unmarried sister and they land in prison for a considerable period making wild and serious allegations..........
Hindu Law -- Oral partition - Suit for partition - Plea of previous partition - Court is to see the conduct of parties to find out as to whether there was a partition or not - Fact that members are holding properties in equal shares, separate entries in land revenue records, members selling properties held by them, living separately, are indicative of oral partition -..........
Punjab Land Revenue Act, 1887, Section 116 -- Mode of Partition -Old possession of co-sharers to be kept intact - Some of co-sharers allowed digging of mine pit abutting the land in their possession - Naksha bay proposing division of said land among all the co-sharers - Objections by other co-sharers - Partition to be made strictly as per sanctioned mode of partition -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20A(1) -- Cultivation of ganja plants - Prosecution failed to establish that land from where contraband plants recovered belonged to accused - Accused acquitted...........
Consumer Protection Act, 1986, Section 2(1),(g) -- Haryana Urban Development (Disposal of Land and Buildings) Regulation, 1978, Regulation 5(5) - Housing - Plot allotment - Deemed cancellation of allotment - Respondent required to deposit 15% of the total sale price as demanded in clause 5 of the allotment within 30 days which it failed - Plea that he could not deposit the..........
Consumer Protection Act, 1986, Section 25 -- Execution proceedings - In execution proceedings the District Forum cannot go behind the order - What was ordered either the original plot be allotted or in case it is not available then an alternative plot - The order affirmed upto the Hon'ble Supreme Court - The order complied with after allotting an alternative plot - Plea..........
