Punjab Co-operative Societies Act, 1961, Section 56, Arbitration and Conciliation Act, 1996, Section 34, Punjab Courts Act, 1918, Section 24 -- Arbitral award - Challenge to - Award passed by arbitrator appointed u/s.56 of the Co-operative Societies Act - Held, appellant has remedy to file an application u/s 34 of the Arbitration Act, 1996 before District Judge against..........
Land Acquisition Act, 1894, Section 5A -- Scope - (i) The rule of audi alteram partem engrained in the scheme of S.5A of the Act ensures that before depriving any person of his land by compulsory acquisition, an effective opportunity must be given to him to contest the decision taken by the State Government/competent authority to acquire the particular parcel of land; (ii)..........
Haryana State Agricultural Marketing Board (Sale of Immovable Property) Rules, 2000, Rule 3(3) -- Preferential allotment - Establishment of Timber Market - None of petitioner is licencee of category II - Place where they are working is not a de-notified market - Held, they were not entitled for preferential allotment on reserve price under the Rules of 2000 - As per offer..........
Punjab Land Revenue Act, 1887, Section 111 -- Partition - Correction of khasra girdwari - Petitioner was neither owner nor co-sharer of land - Held, petitioner had no locus standi to file application for correction of khasra girdawari...........
Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Section 151 -- Handwriting expert - Sending document to handwriting expert for his opinion on certain discrepancy which came to knowledge after cross examination of expert - Discrepancy alleged was available on the file at the time of cross examination of expert - It will be presumed that petitioner was aware of..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A -- Written statement - Amendment to introduce counter claim - Dismissal of application - Causes no prejudice to defendant when he has independent right to file a suit with respect to the matter for which he intends to raise counter claim - Petition dismissed...........
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5 -- Application to bring LR on record - Delay of 1216 days - Condonation - Petitioner No.1 stated that plaintiff No.2 died due to illness - Petitioner No.1 was not doing well and was unable to move due to his illness - On account of his ignorance and illness, he could not intimate death of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Bona fide need - Landlord had chosen not to file application for amendment setting out his own need - Whether such change of personal need could be brought through evidence without amendment of pleadings? - Held, no, if landlord had chosen not to file application for amendment setting out his own need..........
Civil Procedure Code, 1908, Order 22, Rule 10A, Civil Procedure Code, 1908, Order 1, Rule 10 -- Death of defendant - Duty is of counsel to inform Court and other party of the death of his client - Limitation to file an application to bring L.R's on record commences from the date, on which counsel informs Court and the other party - Having not done so, proposed respondents..........
Criminal Procedure Code, 1973, Section 451 -- Release of truck on Superdari - Evasion of tax and cheating Excise and Taxation Department - Truck ordered to be released on Superdari - Magistrate reviewed his order and cancelled the order releasing vehicle on Superdari - Held, Magistrate cannot review its own order - Secondly ETO had no locus standi to file an application..........
