Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 7, Rule 11 -- Decree on the basis of admission or consent - Court ought not to pass a decree mechanically based on admission or consent of parties - Simply because defendant admitted claim of plaintiff - Court not bound to pass a decree - - Duty of Court to examine claim of plaintiff, whether..........
Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, Section 7, 8(2), 10 -- Change of land use - Application declined by Director, Town and Country Planning, on the grounds besides others - (i) documents submitted of ownership of land not clear, (ii) no construction within statutory restricted belt - Commissioner accepted appeal and..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction in a suit for permanent injunction to restrain Gram Panchayat from interfering in possession of land taken on lease granted by B.D.&P.O. for manufacturing bricks, making payment of Chakota and lease money to Gram Panchayat - B.D.& P.O. not competent to auction land of Gram Panchayat as permission of..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- A-Defendants' application to produce hand - writing expert by way of additional evidence - Pleadings raised a definite controversy with regard to forgery of documents - Defendants not only cross - examined all witnesses of plaintiffs and hand - writing expert produced by them but also examined their own witnesses before..........
Land Acquisition Act, 1894, Section 26, 18 -- Liability to pay interest on the amount determined by District Judge in the Award on a reference under Section 18 - From the date of deposit of amount determined by District Judge in the Award - Liability of judgment - debtor to pay further interest - Will cease - and come to end - Civil Procedure Code, Order 21 Rule 11 sub -..........
Capital of Punjab (Development and Regulation) Act, 1952, Section 8A -- Resumption of plot on ground of violation of Rule 5 of Punjab Capital (Development and Regulation) Building Rules, 1952 - Order challenged by mortgagee who is also holder of general power of attorney from allottee - Objection raised in written statement to maintainability of writ petition and locus..........
Civil Procedure Code, 1908, Order 9, Rule 13 - - Application under Order 9 Rule 13 after disposal of appeal on account of withdrawal - Competent - Appeal as also application for condonation of delay dismissed in default - Ordered to be restored - Subsequently appeal as well as application dismissed as withdrawn - Appeal against ex parte decree disposed of as appellant had..........
Civil Procedure Code, 1908, Order 47, Civil Procedure Code, 1908, Order 9, Rule 13 -- Three remedies to set aside ex parte decree or order are : (i) appeal, (ii) review, and (Hi) under Order 9 Rule 13...........
Civil Procedure Code, 1908, Order 41, Rule 21 -- Dismissal of application for setting aside ex parte decree solely on the ground that application barred by time - Court did not pass any order on application for condonation of delay in filing application under Order 41 Rule 21 - Order dismissing application for setting aside ex parte judgment and decree - Set aside...........
Civil Procedure Code, 1908, Order 8, Rule 6, Civil Procedure Code, 1908, Order 6, Rule 17 -- Defendant's claim if barred under Law of Limitation - Cannot be pleaded by way of set - off under Order 8 Rule 6 - When at the time the application for amendment of written statement is made the claim of the defendant is barred by time - Court cannot permit defendant to claim a..........
