Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 9 -- Ex parte decree - Setting aside - Tracking record not conclusive proof of service of summons - Requirements of O.5.R.9 have also to be considered by Court before service of summons upon defendant is held valid...........
Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, Section 229B, Uttar Pradesh Land Revenue Act, 1901, Section 34 -- Suit for declaration - Trial Court dismissed suit without framing issues and also not provided opportunity to lead evidence - Matter remanded back...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay of 424 days in filing application for setting aside ex parte decree - Defendant failed to explain delay by establishing sufficient cause within the meaning of S.5 of Limitation Act - Application for condonation of delay rightly dismissed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Seeking relief restraining defendant from transferring, alienating, mortgaging, creating gift or any right in changing nature of suit land - These are not distinct prayers as all such prayers are related to each other and filing single application for all said reliefs is maintainable...........
Civil Procedure Code, 1908, Section 9, Punjab Village Common Lands (Regulation) Act, 1961, Section 13(b), Punjab Land Revenue Act, 1887, Section 45 -- Jurisdiction of civil Court - Suit for declaration challenging mutation entry being wrong, illegal, void and nullity and not binding on the rights of plaintiffs/proprietors of the village - It is S.13-B of Act of 1961 which..........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 20, Rule 18(1) -- Partition suit - Parties resolved dispute qua some of the properties - Court to draw partial decree accordingly in view of the terms and conditions arrived at between parties - So far as remaining properties for which no settlement..........
Land Acquisition Act, 1894, Section 18 -- Acquisition of land - Compensation - Market value - Land owners entitled to compensation considering market value of acquired land at least Rs.1000 p.sq.yards as per earlier judgment and order passed by SC - Said decision of SC attained finality, as not challenged by State - Claimants entitled to compensation considering market..........
Land Acquisition Act, 1894, Section 18 -- Acquisition of land - Compensation - Market value - Where sale deeds which are nearer to Notification of S.4 of the Act are with respect to small areas of lands and even price is also at variance, it is not safe to determine compensation relying upon those sale deeds...........
Civil Procedure Code, 1908, Order 21, Rule 29, Civil Procedure Code, 1908, Order 9, Rule 13 -- Stay of execution proceedings pending decision of application filed U.O.9.R.13 CPC - Stay application be heard and decided on merits prior to execution of warrants of possession so that defendant is able to prima facie put forth his case before being dispossessed in execution of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 379, 504, 506 -- Bail - Cheating - Dispute between parties appears to be essentially relating to demarcation of land at best a case of criminal trespass - Accused is in custody since May 2022 and by now investigation of case must have progressed substantially - Though several cases..........
