Constitution of India, 1950, Article 226 -- Concessional/Benevolent approach - Challenge to cancellation of lease of built - up booth for failure to pay instalments of premium etc. - Deposit of dues in compliance with interim orders of High Court - Benevolent interim orders passed by High Court can neither entitle petitioner to claim restoration of lease as of right nor..........
Defence of India (Requisitioning and Acquisition of Immovable Property) Rules, 1962, Rule 9, 8 -- Absence of proof regarding assessment of compensation and communication thereof as contemplated under Rule 8 - Question of expiry of limitation under Rule 9 cannot arise - Objection that claim barred by time - Can be sustained only if shown that order regarding assessment of..........
Punjab Land Revenue Act, 1887, Section 13 -- Lambardari appeal - Backward Class Lambardar - Collector assessed merits of candidates and on over - all consideration appointed Lambardar - Objection that candidate did not appear before Naib Tehsildar [S.D.O. (Civil)) and for want of that his record not verified - Not tenable as nothing adverse against candidate has come to..........
Punjab Tenancy Act, 1887, Section 82 -- Review - New plea - Cannot be raised - Civil Procedure Code, Order 47 Rule 1...........
Civil Procedure Code, 1908, Order 38, Rule 4, 5 -- Attachment before judgment - Coercive directions - Cannot be taken recourse to in a casual manner - Can be invoked on very strong facts - Applicant must have not only a prima facie case but should be able to satisfy Court that grounds pleaded satisfy ingredients of Order 38 Rule 5 - There should be some positive averments..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Inherent powers must come to rescue of person who inspite of order of injunction is being threatened forcible dispossession in violation of order of injunction - Provisions of Order 39 Rule 2 - A would come into play once order of injunction is flouted by any person but that certainly does not divest Court of..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Always open to any person claiming right, title or interest in property in dispute - To raise objections against execution of decree by filing claim petition under Order 21 Rule 58 - Decree - holder entitled to recover decretal amount from estate of deceased - Heirs of deceased (judgment - debtor) not liable to pay decretal..........
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 23, Rule 1 -- Earlier two suits for joint possession dismissed as withdrawn with permission to file fresh on the same cause - Third suit on same cause for recovery of amount (land in the meantime having been acquired under Land Acquisition Act) based on title - Not barred by any principle of law..........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 - - Setting aside of ex parte decree, application for - Does not lie where defendant filed appeal and appeal disposed of on any ground other than one on the basis of which appeal withdrawn - After decision of appeal - Application under Order 9 Rule 13 - Not competent...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement consequent to amendment of plaint - (i) merely because an amendment has been allowed in the plaint, the defendant does not get a right and certainly not an unbridled right to file a new written statement; (ii) any additional pleading cannot be at variance or inconsistent with the original..........
