Punjab Village Common Lands (Regulation) Act, 1961, Section 13, 2(g) -- Question that suit property not Shamlat Deh and owned by plaintiffs decided by Civil Court decree dated 15.3.1961 - Plaintiffs as owners already in possession of land prior to 1950 - Land would not form part of Shamlat Deh under any provision of law - Civil Court has jurisdiction to grant decree for..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- As per previous Civil Court decree dated 15.3.1961 plaintiffs declared owners in possession of suit land - Only subsequently when plaintiffs out of possession, suit for possession filed on the basis of ownership - Cannot be said that subsequent suit barred by Order 2 Rule 2...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Party who does not come to Court with clean hands and tries to suppress material facts - Not entitled to equitable relief of ad interim injunction...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Issues - Once the parties go to trial being alive to the controversy between them even then, in the absence of a specific issue having been framed, the court is not precluded from recording a finding of fact on that controversy provided that the parties have pleaded the case and have led their evidence...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Restraining alienation during pendency of suit - Any transfer made during pendency of suit is subject to the provision of S.52 of Transfer of Property Act as such there is no necessity to pass an order of prohibitory injunction prohibiting the alienation of property during pendency of suit...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Discussion made on documents and findings recorded for disposal of application U.O.39.Rr.1, 2 CPC is only for the purpose of deciding the application - Do not have the effect of adjudicating the relevant issues in the suit...........
Consumer Protection Act, 1986, Section 2(1),(f),14(1),(d), Seeds Act, 1966, Section 9 -- Seeds - Defective and poor quality seeds - Compensation - No provision in Seeds Act for compensating the farmer/consumer for his loss due to the defective and poor quality seed - Remedy of the consumer lies under the provisions of the CPA, 1986...........
Consumer Protection Act, 1986, Section 2(1),(f),14(1),(d) -- Seeds - Defective seeds - Plea of the petitioner-OP that provisions of Section 13(1) (c) not followed - Held that when the provisions of Section 13(1) (c) becomes unimplementable then one has to resort to alternative method - Report of Commissioner obtained - Farmer is not expected to conserve certain portion of..........
Civil Procedure Code, 1908, Order 17, Rule 2, 3.O -- Pending suit - Adjourned to next date - For decision on one issue - Failure on part of plaintiff to come present on the adjourned date - Dismissal of suit by Trial Court - Is in exercise of powers under O.17.R.2 and not under O.17.R.3 - Since no notice of final disposal was issued to plaintiff - Application for..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 14, 18, 23A, East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Rule 5, 7,16(ii) -- sub-section (6) of Section 2(g) and Explanation appended thereto as inserted by Haryana Act 9 of 1992 w.e.f...........
