Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 2(g)(l) -- Land recorded in revenue record under ownership of panchayat deh - Plea that provisions of the Act for eviction applicable only to shamlat deh and eviction from panchayat deh can be sought only under Public Premises and Land (Eviction and Rent Recovery) Act - Not tenable...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Only precludes claim to relief from same cause of action which was not earlier sought or omitted - Not applicable regarding different causes of action.'..........
Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act, 1963, Section 3, 2(9), 2(10) -- No construction can be raised within 30 metres from road reservation on either side of scheduled road - Distance of structure - To be measured keeping in view road reservation of scheduled road - Limit of 30 metres to be measured from PWD land boundary..........
Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act, 1963, Section 2(9), 2(10) -- Road reservation in relation to a scheduled road - Means land metalled or unmetalled which vests in Government or Central Government or a Local Authority...........
Dissolution of Muslim Marriages Act, 1939, Section 2(ii) -- Dissolution of Marriage - Desertion and failure of husband to provide maintenance to wife for a period of two years - Entitles wife to a decree of dissolution of marriage...........
Civil Procedure Code, 1908, Order 33, Rule 1, 2 -- Permission to sue as indigent person - Specific pleading that plaintiff does not possess any property - It amount to compliance of R.2 of O.33 CPC...........
Civil Procedure Code, 1908, Order 17, Rule 2 -- Expln. - Court can exercise jurisdiction under Expln. to Rule 2 of Order 17 CPC only when evidence on record is sufficient to substantiate the absentee party's stand and for disposal of the suit - It is also imperative for the Court to record its satisfaction in that perspective - If the evidence on record is sufficient for..........
Civil Procedure Code, 1908, Order 17, Rule 2, Civil Procedure Code, 1908, Order 9, Rule 13 -- Order of Court 'No representation for the defendants hence suit decreed with costs...' - This is an exparte adjudication and not a decision on merits - There is no indication as to what evidence was evaluated and/or whether the merits were tested - Application U.O.9.R.13 CPC..........
Civil Procedure Code, 1908, Order 17, Rule 2 -- Explanation - Conditions for applicability of Explanation - Court must satisfy itself that - (a) substantial portion of evidence of any party has been already recorded, (b) such party has failed to appear on any day, and (c) the day is one to which the hearing of suit is adjourned - Explanation in the nature of exception to..........
Civil Procedure Code, 1908, Order 17, Rule 2, 3 -- Basic distinction - Under Rule 2 when any party has failed to appear at the hearing while under Rule 3 the party though present has committed any one or more of the enumerated defaults - Rules 2 and 3 operate in different and distinct sets of circumstances - Rule 2 applies when adjournment has been generally granted and..........
