Punjab Lok Pal Act, 1996, Section 2(b) -- Complaint against public man - Governor is competent authority in relation to the complaint - Lok Pal is an enquiry officer of the type appointed under the Commission of Enquiries Act, 1952...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Violation of status quo order - Order of status quo would not have effect of dispossessing petitioner or to affect enjoyment of property in his possession - Appellate Court simply accepting evidence of plaintiff without examining whether said evidence proved plaintiff's case - No finding as to what was violation of status..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- No document has been placed on record which may show that actual possession of land in dispute was handed over to the defendant-petitioner at the time of execution of sale deed or otherwise - Injunction granted affirmed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction in a suit against Municipal Council upon notice for removal of encroachment - Construction existing on the site quite for some time - Difficult to pin point encroachment on the public street - Municipal Council restrained from demolishing the structure during pendency of suit...........
Punjab Tenancy Act, 1887, Section 4(5), H.P.Tenancy and Land Reforms Act, 1974, Section 2(17) -- Person claiming to be tenant - Alleged agreement of tenancy - Must be pleaded and proved - A party claiming the status of tenants - Has not only to prove the alleged agreement of tenancy but also to plead the same...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Order of status quo - Violated and possession of one room forcibly taken - Court in exercise of inherent powers can pass orders for restoration of possession to the aggrieved party...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Divorce petition - Issue as to jurisdiction - Last resided together - Husband filed petition at place of his fixed abode - Wife stating that they last resided together at her father's place - Husband not denying such contention - His omission of denial is admission regarding temporary residence - Cannot be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Fact that dismissal of injunction application makes suit infructous - No ground for granting injunction when admittedly construction made unauthorisedly...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Suit for injunction restraining Municipal Committee from demolishing Lawyers Chambers constructed unauthorisedly within Court Complex - No Chambers available for Advocates in Court Complex - No ground for granting injunction - There can be no injunction against rightful owner...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Title over property claimed by both parties on basis of Will - Courts below granting temporary injunction in favour of plaintiff - Prima facie finding of title - Tentative and based on materials - Finding not perverse - No interference is called for...........
