Punjab Municipal Act, 1911, Section 192(3), Constitution of India, 1950, Article 226, Civil Procedure Code, 1908, Section 11 -- Town Planning Scheme sanctioned on 22.7.1981 - Against the Scheme writ petition dismissed on 3.10.1990, Special Leave Petition dismissed on 10.3.1991, a suit and appeal also dismissed in 1992 - On 7.1.1994 in exercise of powers under Section 19..........
Criminal Procedure Code, 1973, Section 155 -- When offences for which case is registered is non-cognizable, then police officer has to necessarily obtain warrant under Section 155 Cr.P.C. before arresting the accused...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court cannot shut its eyes to perverse findings of Courts below - Findings of fact if contrary to evidence on record - Such finding can be set aside by High Court in appeal under Section 100...........
Civil Procedure Code, 1908, Section 151, Order 22, Rule 9, Civil Procedure Code, 1908, Section , Order 41 -- Dismissal of appeal for non-prosecution by persons interested - Can be only under Section 151 - Not under any other provision of Order 41 - Appeal if dismissed under Section 151 - Article 122 Limitation Act has no application - Court when makes order under Section..........
Limitation Act, 1963, Article 137, 122 -- Application by person not a party to proceedings for restoration of appeal dismissed for non-prosecution - Falls within scope of Article 137 - Not within scope of Article 122 - Application filed within 3 years for setting aside order of dismissal of appeal - Within time - Civil Procedure Code, Section 151 and Order 22 Rule 9 &..........
Criminal Procedure Code, 1973, Section 433A -- Remission - By introduction of Section 433A of the Code, the Parliament has not excluded or denuded the power of the appropriate Government to restrict the grant of remission to a class of prisoners only or exclude a class of prisoners from such benefit of remission...........
Letters Patent of Punjab and Haryana High Court, Succession Act, 1925, Section 299 , Civil Procedure Code, 1908, Section 104, 2(2), 2(9) -- Letters Patent Appeal against order of Single Judge in appeal under Section 299 Succession Act - Maintainable - Order of Single Judge in appeal under Section 299 Succession Act - Not governed by Section 104 Civil Procedure Code - Is a..........
Succession Act, 1925, Section 299 -- Words 'in accordance with the provisions of the Code of Civil Procedure, 1908' in Section 299 - Do not refer to any substantive rights of parties but merely procedural part thereof - Section 299 expressly provides for appeal to High Court - Right of appeal not conferred under Section 104 Civil Procedure Code - When a final order is..........
Civil Procedure Code, 1908, Section 104, Order 43, Rule 1 -- Does not contemplate orders or decrees passed under a special statute - Section 104 specifies matters which would be appealable and no other - Appeals from orders provided for in Section 104 and Order 43 Rule 1 contain a full list of appealable orders - By reason of Section 104 bar of appeal under a special..........
Punjab Land Revenue Act, 1887, Section 16 -- Revisional powers of Financial Commissioner - Wider than revisional powers of High Court under Section 115 Civil Procedure Code - Question of fact as well as law - Can be gone into by Financial Commissioner in revision...........
