Wakf Act, Section 5, 6 - - Wakf property, proof of - Notification under Section 5(2) - Final and conclusive qua Wakf Board, Mutawallis of Board and any other person interested therein - Not binding on third parties - Dispute between Wakf Board and a third party as to whether a particular property Wakf property or not - Civil Court to decide on the basis of evidence -..........
Punjab Co-operative Societies Act, 1961, Section 63, 55, 56, 68, 69, Civil Procedure Code, 1908, Section 47 -- Execution of Award made by Arbitrator under Sections 55 and 56 - Objections under Section 47 Civil Procedure Code that Award illegal, wrong, mala fide, capricious and without jurisdiction - Award does not contain reasons in its support- Not a nullity per se -..........
Civil Procedure Code, 1908, Section 35B, 115, Order 23, Rule 1 - - Suit for declaration and permanent injunctio, Ex-parte ad interim injunction obtained - First suit allowed to be withdrawn on payment of costs - Second suit dismissed for no, prosecution - Third suit filed and ex-parte ad interim injunction obtained - Costs not paid - Court allowed third suit to be..........
Punjab Requisitioning and Acquisition of Immovable Property Act, 1953, Section 8(1)(b) -- Plea for issuance of direction to Authorities to submit petitioners applications for reference of dispute with regard to compensation to Arbitrator - Denial of receipt of applications but to verify correctness of assertion petitioners should be directed to produce office copies of..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13 -- Suit in Civil Court for permanent injunction restraining defendant from making/removing encroachment on public street - Plea that site in dispute a public street and vests in Gram Panchayat denied in written statement - Question of title arises whether land in dispute vests in Gram Panchayat or not -..........
Punjab Village Common Lands (Regulation) Rules, 1964, Rule 5 -- Exchange of Panchayat land ordered on the basis of statement of Sarpanch in contravention of Rule 5 - Militates against express provisions of law - Voidable at the instance of aggrieved party - East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, Section 42...........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 44, 42 -- Suit in Civil Court for declaration that plaintiffs owners in possession of suit land and order passed by Deputy Commissioner under Section 42 null, void, without jurisdiction and based upon fraud inasmuch as exchange of Panchayat land allowed on the basis of statement of..........
Limitation Act, 1963, Article 100, 58 -- Article 100 comes into play only if order required to be set aside is one which Officer making it has jurisdiction to make it and has effect of barring claim for relief unless it is set aside - Order passed under Section 42 East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act - Not given finality - Article 100..........
Transfer of Property Act, 1882, Section 118, 54 -- Not applicable to State of Haryana - Mutual exchange of property - Amounts to sale of exchanged properties - Oral exchange of immovable property of any value - Can be effected without a registered document - Registration Act, Section 17...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13, 11, 2(g) - - Land shown in Jamabandi as Banjar Qadim in occupation of Gram Panchayat -Suit in Civil Court by Gram Panchayat for injunction restraining defendants not to obstruct user of land - Objection that as question of title has arisen jurisdiction of Civil Court barred - Not tenable - Gram Panchayat prima..........
