Punjab Village Common Lands (Regulation) Act, 1961, Section 13, 13A, 2(g)(4) -- Implication of Section 13 that jurisdiction of Civil Court taken away when lis between Gram Panchayat and a private person and it relates to any of the questions specified in Section 13 - Section 13 not operative when lis or dispute between two private individuals - Any finding either way in..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13, 2(g)(4) -- Query - Whether mere mention of word 'street' or 'public street' in the plaint in a suit where plaintiff seek - permanent injunction restraining another person from creating obstruction or encroaching upon said street through which plaintiff claimed right of passage, constituted the plea that land..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(4A), 13 -- Land recorded as Abadi Deh in Jamabandi- Prima facie included in definition of Shamilat Deh under Section 2(g)(4-a) - Vested in Gram Panchayat- Shamilat Deh includes vacant land situated in Abadi Deh or Gora Deh not owned by any person - Section 13 is complete bar to entertainment or adjudication..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(4A), Civil Procedure Code, 1908, Section 9, Order 1, Rule 8 -- Suit under Order 1 Rule 8 for possession by way of partition of land - Land recorded as Abadi Deh Ghair Mumkin in revenue record - Gram Panchayat a necessary party when land formed part of Shamilat Deh - Gram Panchayat not made a party - Cannot be..........
Civil Procedure Code, 1908, Order 16, Rule 1, 2 -- Summoning of witnesses - refusal on the ground that their names not included in the earlier list of witnesses - not proper...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(4a) -- As inserted by Haryana Act 23 of 1973 - Wholly meaningless-Not permissible to substitute word "owner" by word "possession" to give some meaning to newly inserted clause-Only vacant land situate in Abadi Deh and Gora Deh not owned by any person which is included in definition of Shamilat Deh by virtue..........
Specific Relief Act, 1963, Section 16, Civil Procedure Code, 1908, Order 6, Rule 2, 3, 4 -- Specific performance of agreement to sell - Pleadings - (a) agreement in all its details to be set out (b) that he applied to the defendant specifically to perform the agreement but he has not done so (c) that he has been and is still ready and willing to specifically perform his..........
Punjab Co-operative Societies Act, 1961, Section 19(2), 2(b), 2(c), 23, 27(3), 85(2)(iv), Punjab Co-operative Societies Rules, 1963, Rule 8(1)(b) - - Bye - laws 27, 28, 29 and 36 of Co-operative Marketing-cum-Processing Society Limited - Question whether General Body of Cooperative Society or its Managing Committee or in case of supersession of Managing Committee..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction restraining defendant from interfering with lawful possession, in a suit for specific performance of agreement to sell - delivery of possession admitted in agreement - temporary injunction can be granted on basis of admission - however the defendant can prove that the admission so made is not true...........
Haryana Canal and Drainage Act, 1974, Section 24, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction in a suit for permanent injunction restraining defendants from digging any Khal in pursuance of order of Divisional Canal Officer - Plea of defendants that Khal existed at the spot for the last many years, watercourse provided by agreement between the..........
