Chandigarh Lease Hold of Site and Building Rules, 1973, Rule 21(1), 21(4) -- Memo of Appeal and Revision with uncontroverted affidavit of Advocate who appeared on behalf of lessee shows that unequivocal plea raised that Competent Authority did not have jurisdiction to pass order for cancellation of lease - Neither Appellate Authority nor Revisional Authority decided this..........
Civil Procedure Code, 1908, Order 41, Rule 17(1) -- Appeal - Appellant when absent - Appellate Court has no jurisdiction to dismiss the appeal on merits - It can either adjourn the appeal or dismiss it in default so that the appellant or his counsel gets an opportunity to show that his absence or that of his counsel was for sufficient cause...........
Haryana Urban Development Authority Act, 1977, Section 17(5), 17(6) -- One of the grounds in appeal that order of resumption contrary to principles of natural justice specifically pleading that notices issued under Section 17 not served on appellant - Appellate Authority brushed aside this vital point by observing that notices issued to appellant - Non - adjudication of..........
Punjab Tenancy Act, 1887, Section 80 -- Appeal filed before Collector against ejectment order passed by Assistant Collector IInd Grade - Transferred to Sub Divisional Officer (Civil) - cum - Collector - Dismissal of appeal for non - prosecution - Restoration application filed before Collector - Objection that Collector has no jurisdiction to restore appeal and this..........
Constitution of India, 1950, Article 226 -- Bar of res judicata - Resumption order under Section 8 - A Capital of Punjab (Development and Regulation) Act on ground of mis-use of residential building for running a School upheld in appeal and in revision - Division Bench of High Court dismissed writ petition challenging these orders - Thereafter review filed before..........
Constitution of India, 1950, Article 226, 227 -- Writ jurisdiction - High Court cannot act as a Court of appeal - Only patent errors of law as found in the orders of authorities below can be corrected in exercise of its jurisdiction...........
Civil Procedure Code, 1908, Section 47 -- Execution - Counsel's fee allowed more than what is permitted - Executing Court issued warrant of attachment only for a reduced amount - Not legal - Validity of a decree cannot be questioned in execution proceedings unless the Court which passed decree was lacking in inherent jurisdiction to try such a suit and to pass such a..........
Punjab Land Revenue Act, 1887, Section 14, 13, 116 -- Delay of 5 years in filing appeal - Partition order passed by Assistant Collector - Party filed civil suit for setting aside order of partition - Suit dismissed and so also appeal against it on the ground that Civil Court has no jurisdiction in the matter and remedy lay to approach Revenue Authorities - Delay of 5 years..........
Constitution of India, 1950, Article 226 -- Dismissal in limine of writ petition by a detailed speaking order rejecting various contentions urged on behalf of the petitioner to challenge legality of impugned order as well as orders passed by appellate and revisional authorities - Not challenged by filing Special Leave to Appeal before Supreme Court - Must be treated as..........
Civil Procedure Code, 1908, Section 11 -- Challenge to partition orders passed under Punjab Land Revenue Act - Order of partition passed by Assistant Collector upheld in appeal by Collector against which revision dismissed by Commissioner - Having availed of remedy before forum of competent jurisdiction - Would be deprived from raising plea of jurisdiction - Suit hit by..........
