Punjab Land Revenue Act, 1887, Section 13 -- Lambardari appeal - Challenge to order of Commissioner remanding case as earlier remand order not complied with in totality - Order of Collector appointing Lambardar not a well reasoned order and does not explain the basis of finding appointee suitable in view of report of Tehsildar and S.D.O. (C) that he was not permanent..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Not mandatory to strike off defence - Provisions of Order 15 Rule 5 would come into play if suit for recovery of possession and for recovery of rent or compensation - Both conditions that suit: (i) for eviction, and also (ii) for recovery of arrears - Must be satisfied...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Arrears of rent not claimed in a suit for ejectment - Provisions of Order 15 Rule 5 not applicable - Order directing tenant to pay arrears - Cannot be passed - Defence of tenant - defendant cannot be deemed to have been struck off...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Can be filed if cause of action to do so had arisen before the filing of written statement or before the time limited for filing the defence had expired - Filing of counter claim after written statement filed - Not barred under Rule 6 - A(1) of Order 8...........
Capital of Punjab (Development and Regulation) (Service of Notice) Rules, 1974, Rule 2 - - Notice issued under Section 8-A not offered personally to tenant or any other authorised representative of tenant - Report of Process Server on first notice that factory found to be closed and second and third notices affixed on the premises without making any endeavour to serve..........
Civil Procedure Code, 1908, Order 9, Rule 9, 8 -- Suit for declaration to be owner in possession and injunction restraining defendant from dispossessing or interfering in possession and by amendment challenge to sale - deed in favour of defendant - Dismissal of earlier suit in default under Order 9 Rule 8 - New cause of action will not be made out merely because a new..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 2 - - Setting aside of ex parte decree because not duly served in the suit - Service of summons on defendant without copy of plaint - No summons can be regarded to have been duly served - Due service means service of summons along with the plaint - Second Proviso to Rule 13 of Order 9..........
Constitution of India, 1950, Article 226 -- Challenge to cancellation of allotment made under Chandigarh Allotment of Low Cost Tenements on Lease Hold and Hire Purchase Basis Scheme as Hirer had sold tenement in contravention of Clause 9 of Allotment Letter, on ground of violation of principles of natural justice inasmuch as notice issued by competent Authority never..........
Chandigarh Lease Hold of Site and Building Rules, 1973, Rule 20, Capital of Punjab (Development and Regulation) Act, 1952, Section 8A -- Denial of reasonable opportunity of hearing - Notice issued to explain eligibility to be allotted plot under Oustee Scheme and on failure to explain will lead to initiation of further action - After receiving reply straightaway order of..........
Chandigarh Lease Hold of Site and Building Rules, 1973, Rule 20, Capital of Punjab (Development and Regulation) Act, 1952, Section 8A -- Applicability of principles of natural justice - Statutorily engrafted in Rule 20 - Estate Officer or Assistant Estate Officer exercising powers of Estate Officer - Acts as a quasi - judicial authority - Orders passed by them for..........
