Punjab Village Common Lands (Regulation) Act, 1961, Section 13 - - Unconstitutional - Retrospective abrogation of jurisdiction of Civil Courts validly exercised by them from 1961 onwards by Section 4 of Punjab Village Common Lands (Regulation) Haryana Amendment Act 2 of 1981 fictionally substituting Section 13 with effect from 4th May, 1961 and thereby giving..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 41, Rule 3, Land Acquisition Act, 1894, Section 54 -- Amendment of Memorandum of Appeal - After lapse of six years of filing of Regular First Appeal - Amendment seeking higher compensation relying on decisions of Court for change of ascertainment of compensation and payment of enhanced..........
Himachal Pradesh Nautor Rules,1954 , Rule 6 -- Rule 6 para 4 as added by Amendment of 1963 - Scope of - Serving defence personnel - Must be allotted land - Not necessarily for whatever area they have demanded...........
Punjab Tenancy Act, 1887, Section 5 -- Claim of occupancy rights - Land in dispute evacuee property - Tenants of evacuee Muslim landlords - Not displaced persons and therefore not covered by "allottee" and "lessee" as defined in Section 2(b) and 2(e) of Displaced Persons (Compensation and Rehabilitation) Act, 1954, and "present holder" as defined in Section 2(f) of East..........
Punjab Gram Panchayat Act, 1953, Section 13G, Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of election petition - To add a new ground to set aside election. - Not permissible - Amendment can at best be allowed to add better particulars in support of grounds already alleged - Electio, petitioner must raise all possible grounds in the electio, petition as..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint in pre-emption suit - One of the vendees shown as minor - Objection in written statement that vendee no more a minor - Amendment of a formal nature - No Court should normally disallow it if sought bona fide at early stage of case - Not correct that limitation against vendee shown as minor will start from..........
Civil Procedure Code, 1908, Section 100 -- Amendment of plaint allowed on payment of costs - Amendment of a formal nature sought bona fide at early stage of suit and costs accepted - No prejudice caused to defendants by amendment - No illegality or infirmity in findings of subordinate Courts - Interference in second appeal declined...........
Constitution of India, 1950, Article 226, 227 -- Writ jurisdictio, High Court does not hear any appeal or revision against order of Authorities whose orders or proceedings it examines - Proceedings under Articles 226 and 227 not in continuity of proceedings under the Act - Orders under Punjab Village Common Lands (Regulation) Act challenged in writ proceedings -..........
Punjab Pre-emption Act, 1913, Section 15, Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement in pre-emption suit - Defendant-vendee entitled to take any plea to defeat plaintiff's right of pre-emption - Plea became available to vendee-defendant during pendency of suit - Amendment of written statement to be allowed - Objection that if..........
Punjab Town Improvement Trust Act, 1922, Section 43 -- Open spaces kept in a scheme desired to be brought under construction - Necessarily means amendment of scheme - Any Authority subordinate to State Government including Deputy Commissioner cannot legalise alteration of scheme - Scheme can be altered only with prior approval of State Government...........
