Punjab Courts Act, 1918, Section 39 -- as amended by Section 2 of Punjab Courts (Haryana Amendment) Act, 1977 - Forum of Appeal - Determined by value of original suit for purposes of jurisdiction - Sub-section (I-A) of Section 39 should be read in conjunction with subsection (I) - Money suit - Plaintiff granted future interest from date of suit till date of realisation -..........
Pepsu Tenancy and Agricultural Lands Act, 1955, Section 7(1)(b), 8 -- Tenant inducted on land after commencement of Pepsu Tenancy and Agricultural Lands (Second Amendment) Act, 1956 i. e. 30th October, 1956 - Can he ejected without specifying any reason after 3 years - Within 3 years such tenant can be ejected if he failed to pay rent...........
Punjab Custom (Power to Contest) Act, 1920, Section 6 -- Effect of Section 3 Punjab Custom (Power to Contest) Amendment Act, 1973 - Retrospective - Applicable to pending appeals...........
Civil Procedure Code, 1908, Section 100 -- as amended by Code of Civil Procedure (Amendment) Act, 1976 and Section 4(1) - Second Appeal - Admission and adjudication - Governed by Section 41 Punjab Courts Act - Excludes general provisions of Section 100 of the Cede in the same field - Section 4(1) of the Code saves provisions of Punjab Courts Act in general and specific..........
Civil Procedure Code, 1908, Section 25 -- As amended by Code of Civil Procedure (Amendment) Act (104 of 1976) - Confers a new power on Supreme Court in widest terms - Phrase "expedient for the ends of justice" - Scope of - To be judged upon totality of facts and circumstances of a case - All High Courts (whether chartered or otherwise) in India stand on the same footing as..........
Constitution of India, 1950, Article 226(3) -- as amended by Constitution (42nd Amendment) Act, 1976, Section 58(2) Proviso - Writ petition dismissed as having abated because alternative remedy not availed of by petitioner - Time during which writ petition remained pending in High Court - To be excluded for purposes of limitation when alternative remedy is sought...........
Constitution of India, 1950, Article 226(3) -- as amended by Constitution (42nd Amendment) Act, 1976, Section 58(2) - Writ petition admitted before amendment of Constitution - Alternative remedy not availed of by petitioner - Writ petition cannot be heard on merits - Has to be dismissed as having abated. (81 C. W. N. 514 Distinguished)..........
Civil Procedure Code, 1908, Order 22, Rule 2B, 4(3) -- as added by Punjab & Haryana High Court - Came into effect from March 10, 1975 - Not retrospective - Question of abatement to be determined according to law at the relevant time - Sole respondent in appeal died on August 2, 1972 - Appeal stood abated on November 1, 1972 - Creates vested right - Cannot be taken away by..........
Displaced Persons (Compensation and Rehabilitation) Rules,1955 , Rule 22 -- Amendment introduced in 1960 prohibiting allotment of property value of which exceeds Rs. 15,000/ - Not applicable to allotments made earlier...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Legal right accrues to opposite party to file a fresh written statement - New objections can be taken...........
