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KARNATAKA HIGH COURT

Year of decision: 1987
Details

Civil Procedure Code, 1908, Order 32, Rule 1, 2, 3, 4 -- Minor - Suit filed on behalf of the minor by next friend in presence of the natural guardian - suit is maintainable...........

KARNATAKA HIGH COURT

Year of decision: 1987
Details

Civil Procedure Code, 1908, Order 32, Rule 1, 2, 3, 4 -- In case of gross negligence or misconduct, fraud or misrepresentation on the part of the guardian or the next friend of the minor the decree is voidable as against the minor and this ground is not available to the other parties of the suit...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1987
Details

Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g) -- Plot of land in Abadi Deh in possession of a person and his forefathers since before 1951 and on which construction existed - Cannot be said that plot of land used or reserved for the benefit of village community - Gram Panchayat cannot claim possession of plot of land or demolish construction thereon...........

KARNATAKA HIGH COURT

Year of decision: 1987
Details

Stamp Act, Section 2(22), 11, 10, 35; -- Schedule I, Art.49, Stamp Rules, 1925, Rr.5 and 13 - promissory note - stamps - impressed and adhesive stamps - promissory note written on impressed paper in the eye of law is to be taken as duly stamped - there is nothing in law which requires that promissory note should be executed only by using adhesive stamps...........

MADHYA PRADESH HIGH COURT

Year of decision: 1986
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Prima facie case - lawful possession - Possession under unregistered sale deed of immovable property of more than one hundred rupees - Possession is not lawful - Prima facie case is not made out...........

MADHYA PRADESH HIGH COURT

Year of decision: 1986
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - grant of - conduct of party - Held considering the facts of the case, the conduct of the party is an important ingredient and is to be considered while granting discretionary relief...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1986
Details

Punjab Urban Estate (Development and Regulation) Act, 1964, Section 3, 2(a), Punjab Urban Estates (Sale of Sites) Rules, 1965, Rule 5,3 -- Advertisement in newspaper inviting applications for allotment of residential plots of different sizes-Authorities accepted applications and deposit of earnest money for allotment of a plot of 125 square yards- Plot of 125 square yards..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1986
Details

Civil Procedure Code, 1908, Order 5, Rule 2 -- Summons served on defendant without a copy of plaint - Irregularity...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 1986
Details

Civil Procedure Code, 1908, Order 6, Rule 2 -- Termination of service after enquiry - challenged in civil suit - Particular illegality to be specifically pleaded - submission that the termination order is illegal and unconstitutional and violates the principles of natural justice - Too vague...........

FINANCIAL COMMISSIONER PUNJAB

Year of decision: 1986
Details

Punjab Package Deal Properties (Disposal) Act, 1976, Section 2(1A) -- Sale of excess land to allottee - Cancellation ordered prior to 1st April, 1962- Actual retrieval of area effected thereafter - Of no consequence - Area retrieved to be treated as part of Package Deal Property in terms of Government of India letter dated 5th March, 1962 annexed as Schedule to the Act and..........

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