Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Permissibility of addition of party by amendment of plaint...........
Civil Procedure Code, 1908, Section 92 -- Modification of scheme - If the scheme itself provides for its modification, the modification of the provisions of the scheme can be effected for the management of the Trust, which does not result in the amendment of the decree...........
Punjab New Capital (Periphery) Control Act, 1952, Section 12, 13 - - as substituted by Punjab New Mandi Townships (Development and Regulation) Haryana Amendment Act (Haryana Act 10 of 1973) - Resumption of plot and forfeiture of amount already paid - During pendency of appeal Haryana Act 10 of 1973 came into force substituting new Sections 12 and 13 of Principal Act -..........
Punjab Co-operative Societies Act, 1961, Section 23(1), 84, 85(2)(xxxviii) -- Co-operative Society formed only for promoting economic interest of its members - Can be registered under the Act - Bye-laws of Co-operative Society should not be opposed to provisions of Act and Rules - Conflict between Bye-laws and provisions of Act and Rules - Registrar under duty to order..........
Constitution of India, 1950, Article 226 -- Writ of Mandamus - Nature and scope of - Writ of mandamus for recovery of a sum of money simpliciter - Not maintainable - High Court struck down as unconstitutional Punjab Agricultural Produce Markets (Amendment) Act No. 13 of 1974 enhancing rate of levy of market fee - Refund of unspecified sums of money alleged to have been..........
Capital of Punjab (Development and Regulation) Act, 1952, Section 8A -- as added by Capital of Punjab (Development and Regulation) (Chandigarh Amendment) Act (17 of 1973) - Resumption of site of shop for breach of clause of allotment order regarding user - Tenant of shop becomes unauthorised occupant of public premises - Can be evicted under Sections 4 and 5 of Public..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Suit for permanent injunction against being dispossessed - During pendency of suit plaintiff dispossessed of property - Amendment of plaint claiming decree for possession of suit land - No change in nature of suit - Amendment should be allowed.
If in fact during the pendency of the suit, the plaintiff is dispossessed of a..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - No requirement of law that words of Order 6 Rule 17 must be quoted in the application - Court to decide if amendment necessary to determine real questions in controversy - Mere allegation in application that proposed amendment necessary to determine real questions in controversy between parties or not..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Question of delay - Material consideration - When no evidence to be led on claim made by amending plaint - No inordinate delay likely to be caused by allowing amendment...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13A -as added by Haryana Act No. 34 of 1974 - Constitutionality of - Ultra vires - Assistant Collector conferred arbitrary and unguided powers to set aside decrees of Civil Court - Safeguard provided in sub-section (3) - Not sufficient - Enables Assistant Collector to discriminate - Assistant Collector empowered..........