Punjab Village Common Lands (Regulation) Act, 1961, Section 13B -- sub-section (1) Proviso - Constitutionality of - Intra vires - Constitution of India, Article 226...........
Consumer Protection Act, 1986, Section 2(1),(g), Post Office Act, 1898, Section 6,48 -- Money order - Amount not received by the payee even after 4 months from the date of money order - Plea that due to technical fault they were lost and the remitter received the money under duplicate money order sent subsequently. Plea that appellant - OP exempt from liability u/s of the..........
Limitation Act, 1963, Article 136 -- Limitation for execution of any decree or order of any Civil Court - 12 years from the date when decree or order becomes enforceable - Words 'when the decree or order becomes enforceable' in Article 136 - Must necessarily mean that in a case where decree has been subject matter of appeal, whether first appeal or second appeal, then..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42, 43A -- Correction of 'clerical mistake' after 40 years of consolidation - No separate application supported by affidavit explaining circumstances for moving application after 40 years of consolidation - Explanation for delay wholly vague and not sufficient for condonation of delay -..........
Punjab Land Reforms Act, 1972, Section 3(4), 3(10), 4, 5, 7, 8, 9 -- Constitutional validity of-Challenge in respect of artificial definition given to family-Negatived by Supreme Court to pari materia definition of family in Haryana Ceiling on Land Holdings Act in Seth Nand Lal's case 1980 PLJ 470-Act extinguishes rights of landholder as a measure of agrarian..........
Punjab Land Reforms Act, 1972, Section 3(4), 3(10), 4, 5, 7, 8, 9, Constitution of India, 1950, Section 19, 31A, 31B -- Validity of- Provisions introducing concept of a family unit and clubbing together lands held by each member of the family unit and applying limitation of ceiling area in reference to aggregating of such land-Not violative of second proviso of clause (1)..........
Civil Procedure Code, 1908, Section 151, Order 22, Rule 9, Civil Procedure Code, 1908, Section , Order 41 -- Dismissal of appeal for non-prosecution by persons interested - Can be only under Section 151 - Not under any other provision of Order 41 - Appeal if dismissed under Section 151 - Article 122 Limitation Act has no application - Court when makes order under Section..........
Civil Procedure Code, 1908, Order 22, Rule 9, Civil Procedure Code, 1908, Section , Order 1, Rule 8 -- No abatement on death of any one of the plaintiffs or appellants in a suit filed in representative capacity - Only Article 137 Limitation Act applicable - Application for impleadment can be made within 3 years - Limitation Act, Article 137...........
Limitation Act, 1963, Article 137, 122 -- Application by person not a party to proceedings for restoration of appeal dismissed for non-prosecution - Falls within scope of Article 137 - Not within scope of Article 122 - Application filed within 3 years for setting aside order of dismissal of appeal - Within time - Civil Procedure Code, Section 151 and Order 22 Rule 9 &..........
Haryana Municipal Act, 1973, Section 2(1) -- clauses (b) and (c) as amended by Amendment Act 1 of 2001 and directions issued by State Government-Constitutional validity of-Intra vires-Neither amended provisions nor directions issued by State Government prescribe any fixed rate for determining value of structure raised on any land- Determination of value of land on the..........
