Constitution of India, 1950, Article 226 -- as amended by Section 58 of Constitution (Forty-second Amendment) Act, 1976 - Relief under sub-clause (b) or sub-clause (c) of Clause (1) - Only if petitioner had availed of alternative remedy...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Intention to withdraw admission made in pleadings in favour of opposite party and raise contrary plea - Amendment seeking to introduce entirely a new cause and to displace plaintiff completely from admission made by defendant in written statement - Cannot be allowed...........
Civil Procedure Code, 1908, Order 22, Rule 4(3) -- As substituted by Punjab & Haryana High Court on March 25, 1975 - Not inconsistent with provisions of Code as amended by Amendment Act, 1976 - Does not stand repealed - If a rule or sub-rule in Schedule I of Code was amended or substituted by a High Court before Amendment Act, 1976, the amended or substituted rule does not..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 18(7), 18(8), 18(9) - - Constitutionality of - Not ultra vires - Haryana Legislature in no way transgressed limits of its authority by insertion of sub-sections (7), (8) and (9) in Section 18 of the Act - Section 18 as originally enacted conferred unrestricted and unfettered right of appeal, review and revision not..........
Civil Procedure Code, 1908, Section 97 -- Civil Procedure Code (Amendment) Act, 1976, Section 47 Sub-section (2) saves operation of Section 6 of General Clauses Act-Object - Substantive rights of parties should not be put in jeopardy because of Amendment of Code which was procedural in nature - Old Code continues to govern some of the proceedings - Opening words of..........
Civil Procedure Code, 1908, Section 47(2) -- Right of party to litigation to have its suit tried as execution proceeding or vice versa - Substantive right and not a mere right relating to procedure - Effect of deletion of sub-section (2) of Section 47 by Civil Procedure Code (Amendment) Act, 1976 on pending suits - Substantive rights of litigants preserved by Legislature..........
Package Deal Property -- Rules relating to sale - Statutory in character - Parties entitled to avail of rights conferred under these Rules-Remedy of appeal and revision - Should be availed of - Failure to do so-Writ petition abates (for failure to avail of alternative remedy) under Section 58 of Constitution (42nd Amendment) Act, 1976...........
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...........
