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..........
Arbitration Act, 1940, Section 30 -- Objections - Setting aside of award - Question purely on merits of the award cannot be agitated in objections as these are not in the nature of an appeal against the award before the Court below...........
Letters Patent -- Clause 10 - Compensation, enhancement of in land acquisition case - Objection that challenge to fixation of market value never made by landowner before Single Judge - Not tenable as court - fees paid on the hypothesis that market value not correctly assessed and also in grounds of appeal categorically claimed that amount of compensation be enhanced - Not..........
Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, Section 7, 8(2), 10 -- Change of land use - Application declined by Director, Town and Country Planning, on the grounds besides others - (i) documents submitted of ownership of land not clear, (ii) no construction within statutory restricted belt - Commissioner accepted appeal and..........
Licensing of Tenements and Sites and Services in Chandigarh Scheme, 1979 -- Clause 28 and Clause 28 Licensing of Tenements and Transit Sites in Chandigarh Scheme, 1975) - Appeal against cancellation of licence - Appellate Authority passed order without perusing record of Estate Officer because same not made available - Lacuna does not render appellate order void because..........
Land Acquisition Act, 1894, Section 23 -- Compensation - Land Acquisition Collector divided acquired land into two blocks and awarded compensation of Rs.3300 and Rs.2200 per bigha for block A and block B - District Judge enhanced compensation to Rs.4800 per bigha in respect of block A and Rs.3200 in respect of block B - High Court assessed the market value at Rs.13,000 per..........
Punjab Land Revenue Act, 1887, Section 116, 118, Civil Procedure Code, 1908, Order 23, Rule 3 -- Partition - Dispute about watercourse - Compromise between the parties - Written compromise necessary - Collector in appeal and Commissioner in revision referred to mutual compromise - No mutual compromise recorded as stated to have been reached - Order of partition set aside -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Gross misappreciation of evidence by lower appellate Court going to root of matter - Interference by High Court in second appeal warranted...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - A decree - Appeal lies against such an order...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Maintainability of application during pendency of appeal - Explanation to Order 9.R.13 does not bar filing of application for setting aside the decree appealed - Bar is attracted only when appeal is disposed of on any ground other than withdrawal by the appellant - Even if appeal and..........
