Civil Procedure Code, 1908, Order 27, Rule 5-A -- Coal Mines Public Provident Fund Commissioner - In an earlier suit, held, to be a public servant - Suit withdrawn as notice required u/s 80 CPC was not issued - Fresh suit filed upon due notice - Union of India not impleaded as a party - Held, the question settled in the suit filed earlier that Coal Mines Public Provident..........
Punjab Land Revenue Act, 1887, Section 15 -- Appointment of Lambardar - Non-appreciation of evidence available on record by Financial Commissioner - Held, case remanded to FC to re-consider evidence on record and pass speaking order by recording specific finding whether petitioner had intentionally submitted certificate of Majhbi Sikh to army authorities for selection of..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(1), 7, 11, Wakf Act, 1995, Section 5(2) -- Petitioner neither claims himself to be owner of land in dispute nor claims to be lessee of Punjab Wakf Board - Held, he cannot raise question of title - His possession is totally illegal and unauthorized - In view of S.2(g)(1) of the Village Common Lands Act, all..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 21(3), 44 -- Consolidation proceedings - Order passed therein - Declaratory suit thereagainst - Maintainability - Suit for declaration with consequential relief of permanent injunction challenging order passed by competent authority in consolidation proceedings u/s 21(3) of the Act on..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Appointment - Object - To obtain evidence from spot itself which helps Court to properly and effectively evaluate evidence on record - Report is a piece of evidence and its weight has to be seen by Court alongwith other evidence on record...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Appointment - Defendant in possession - In case identification of property is essential for just decision of case, he can always get property demarcated from competent person who is conversant with technicalities of demarcation and produce him as witness - Held, appointment of local commissioner is not..........
Mines and Minerals (Development and Regulation) Act, 1957, Section 4 -- Renewal of lease - Application for - Rejection of - Petitioner was not given proper opportunity of representation/hearing before passing impugned order - No notice or opportunity of hearing was given - Impugned order of Deputy Commissioner does not conform to direction of Mines Commissioner as well as..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Application filed at appellate stage for collection of evidence with purpose of procrastinating execution of eviction decree - Application rejection - No error...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Substitution of legal heirs - Writ petitions were filed against orders passed in suit rejecting an application for appointment of a Civil Court Commissioner and rejecting an application U.O.6.R.17 CPC as civil revisions against those orders were not maintainable - Legal heirs of sole deceased plaintiff were allowed to be..........
Criminal Procedure Code, 1973, Section 195(1)(a), 482, Indian Penal Code, 1860, Section 188 -- Order passed by public servant - Disobedience of - Cognizance of offence - Tehsildar submitted a report to Town Inspector, who appears to have forwarded the report to Police Station leading to registration of criminal case u/s 188 of IPC - Police proceeded to investigate the..........
