Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Construction is violation of statutory provisions - Defendant has no right to raise construction which is violative of statutory provisions - Defendant can raise construction only on getting a no objection certificate from concerned authorities that construction raised by him is not violative of..........
Punjab Panchayati Raj Act, 1994, Section 86, 89 -- Disbursement of grant - Amount of grant sanctioned to Gram Panchayat for construction of Bus Stand/Shed in village - Gram Panchayat alleging disbursement of grant to some other person - Directions given to DDPO to disburse the amount sanctioned to Gram Panchayat within two weeks...........
Hindu Succession Act, 1956, Section 4, 18, 14 -- Will - Construction - Meaning of `heirs' used in the Will - Original owner having 5 sons and owning a large number of properties - Will executed in the year 1932 - A portion of property bequeathed in favour of defendant No.1 who was then a minor - As per Will, sons of testator got life interest and only, after his death, his..........
Document -- Construction - When a document is not uncertain or does not contain an ambiguous expression it should be given its literal meaning - Only when the contents are not clear the question of taking recourse to the application of principles of construction of a document may have to be applied...........
Evidence Act, 1872, Section 91, 92, 93 -- Construction of document - Document not uncertain or not containing an ambiguous expression - Should be given its literal meaning - Contents of document not clear recourse to application of principles of construction of document to be applied...........
Punjab Land Revenue Act, 1887, Section 4, 111 -- Partition of land - Non agricultural use of land - Effect of maintainability of partition petition - Relying on 2002(2) PLJ 249, contention raised that construction on land, non agricultural in nature, hence partition petition not maintainable - Term `agricultural use of land' used by Court in the order is to distinguish..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Restraining subsequent purchasers from alienating and raising any construction - Agreement to sell for a consideration of Rs.4.50 lacs whereas subsequent sale deed executed for a consideration of Rs.17.60 lacs - Amount of advance of Rs.1 lacs paid in instalments but no..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Defendants restrained from construction, alienation or altering the nature of the suit properties - Suit property commercial in nature - Share of plaintiff not more than 1/8th in the suit property - Due to injunction defendants not able to enjoy fruits of development agreements - Properties neither..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction after partition of land among co-sharers - Land finally partitioned by AC Ist - Suit for permanent injunction restraining from raising construction over partitioned land - After partition of land by a valid order, land not joint - No injunction can be granted restraining construction over land...........
Will -- Construction - Court has to attempt a harmonious construction so as to give effect to all the term of the Will if it is in any manner possible - Every effort must be made to harmonize the various clauses and if that is not possible, it will be last clause that will prevail over the former and giving way to the intention expressed therein. (Hindu Succession Act,..........
