Civil Procedure Code, 1908, Order 20, Rule 14 -- Mandatory & - Prescribes a particular mode of payment - Court has no right to prescribe another mode of payment In the cases falling under Rule 14 of Order 20 of the Code of Civil Procedure, the Legislature requires the Courts to prescribe a particular mode in which the payment is to be made by the pre-emptor decree-holder...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Mandatory - Dittoing findings of trial Court - Amounts to giving no finding - Duty of appellate Court to discuss the evidence and come to findings of its own. Appellate Court should discuss the evidence and come to findings of its own. Dittoing the findings of the trial Court by the lower appellate Court, is giving no..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2 -- Suit by owner in possession of property for permanent injunction restraining defendant from interfering with his possessio, Covered by Order 3 i rule 2 - Word "injury" envisages an act which is contrary to law - Temporary injunction during pendency of suit - Appeal against - Competent. If the posses ion of an..........
Civil Procedure Code, 1908, Order 22, Rule 10 -- Transfer pendente lite - Transferee's application for being impleaded - Should ordinarily be granted unless some exceptional grounds for rejecting it - Applicability of principle of lis pendens - No ground for disallowing - Transferee when impleaded can raise only those defences which were open to transferor and is bound by..........
Civil Procedure Code, 1908, Order 41, Rule 7.3A -- As added by Punjab High Court and Section 151 - Scope of - Before considering whether retrial of suit is necessary the decree must first be reversed - Decree cannot be reversed for the sake of remanding the case - Remand cannot be ordered in exercise of inherent powers under Section l51 - Object of recording additional..........
Punjab Pre-emption Act, 1913, Section 15(1)(a) -- Right of pre - emptio, Does not abate by death of pre - emptor - Can be exercised by his legal representatives. If the death of the pre-emptor takes place pending the second appeal then the substitution of legal representatives as representing the estate of pre-emptor is proper. (Para 3) The statutory right of pre-emption..........
Land Acquisition Act, 1894, Section 18 -- Landowner's application under Section 18 gave correct particulars of land but by mistake gave wrong number and date of award - Collector forwarding wrong award to the Court - Court can allow amendment under Order 6 Rule 17 of Code of Civil Procedure as long as Court was in seisin of the proceedings - Section 153 Civil Procedure..........
Land Acquisition Act, 1894, Section 18 -- Clerical or accidental error in landowner's application under Section 18 - Amendment of - Collector can allow - Civil Procedure Code (5 of 1908), Order 6 Rule 17. The Collector can allow amendment of original petition under Section 18 of the Land Acquisition Act...........
Punjab Security of Land Tenures Rules, 1953, Rule 11, Punjab Tenancy Act, 1887, Section 85, Punjab Tenancy Rules, 1909, Rule 10 - - Powers of Revenue Officers under Punjab Security of Land Tenures Act - Same which Civil Court has for execution of decree of ejectment from or delivery of possession of that property - Revenue Officers under Punjab Security of Land Tenures Act..........
Civil Procedure Code, 1908, Order 20, Rule 14, Civil Procedure Code, 1908, Order 21, Rule 2 -- Satisfaction of decree - Open to decree - holder and judgment - debtor to change or adjust the decree - Preemption suits decreed and two separate decrees passed in terms of Order 20 Rule (4 - Vendee accepting from pre - emptor amount which falls short of decretal amount - Rival..........
