Civil Procedure Code, 1908, Section 47, Order 26, Rule 9 -- Ex-parte decree - Execution of - Appointment of Commissioner for fixation of boundaries - Not a case the decree is void or inexecutable - Held, refusal to appoint Survey Commission on ground that detailed enquiry regarding fixation of boundary cannot be carried out in execution proceedings, improper - Executing..........
Societies Registration Act, 1860, Section 15 -- Election of members of Sabha - Applications filed for appointment of election officers for holding fresh elections, for appointment of Advocate-Commissioner and for temporary injunction restraining office bearers from functioning as such - Appropriate relief seeking invalidation of alleged election not claimed - Copies of..........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand of case - Appointment of commissioner - Powers of appellate Court - Exercise of - Held, it is well settled that the order of remand for re-trial can be done only in exceptional cases and if there is sufficient evidence before appellate court the court itself can decide the case as first appellate court is the last..........
Punjab Municipal Act, 1911, Section 22 -- No confidence motion against President - Postponement of meeting sought by President because of his illness - Request accepted by Deputy Commissioner yet meeting went ahead and impugned resolution passed - Challenge to - Held, his incapacity would not give rise to a right to him to demand postponement...........
Punjab Land Revenue Act, 1887, Section 15 -- Appointment of Lambardar - There is no qualification prescribed under the rules with regard to appointment of Lambardar - Even an illiterate person can be appointed as Lambardar - Petitioner has preferential claim in view of the fact that his father was a previous Lambardar - Otherwise also all subordinate revenue authorities..........
Suits Valuation Act, 1887, Section 8 -- Valuation of suit - Suit for declaration and permanent injunction valued at Rs.1,120/- without mentioning facts in that regard - Court fee not mentioned in plaint - Petitioner is free to value suit as per subject-matter but at same time it is required to be just and proper - Directing to value suit on basis of market value, proper -..........
Displaced Persons (Compensation and Rehabilitation) Act, 1954, Section 22, Transfer of Property Act, 1882, Section 41 -- Evacuee property - Subsequent allotment obtained by fraud or misrepresentation - Resumption - Held, if subsequent allotment was result of fraud or misrepresentation by transferee, namely, legal heirs of deceased i.e. earlier allottee, it is that property..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 18(6) -- Permissible area - Retaining of by fraudulent means - Power of State - Whether exceptional remedy provided u/s 18(6) of the Act can be availed by State without first exhausting the remedy of appeal u/s 18(1) and of revision provided u/s 18(4) of the Act - Held, there may be a case where landowners may have..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Suit for possession - Local investigation - Appointment of commissioner - Evidence has been considered by two courts below and courts below have not found any boundary dispute nor felt difficulty in identifying suit land or deciding lis between parties - Held, it was not necessary for courts below to inspect the spot or..........
Displaced Persons (Compensation and Rehabilitation) Rules, 1955, Rule 11 -- Auction - Procedure to be followed - Held, if there was no approval, it cannot be merely a statement to be found in order but it is required to be done by a particular procedure which is referred to u/sub-cl. 11 - Said sub-cl. requires a communication of a rejection by Settlement Commissioner by a..........
