Civil Procedure Code, 1908, Order 3, Rule 4 -- Counsel entering into compromise - Counsel duly appointed -Compromise decree when binding on client - Absence of appellant on the date when the compromise was entered to instruct his lawyer is a slender ground to assail the decree unless lack of bonafide on the part of the lawyer is itself established. O.3.R.4 CPC enjoins a..........
Civil Procedure Code, 1908, Section 100 -- Legal necessity - Finding is of fact and binding on parties in second appeal...........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Effective representation - Arises on y when a person is a party to proceedings - Person not a party and no notice issued to him - No question of effective representation - Order passed in absence of such a person - Cannot bind him.
The question of effective representation can..........
Northern India Canal and Drainage Act, 1873, Section 20 -- Supply of canal water allowed through existing water-course - Sanction by Divisional Canal Officer confirmed by Superintending Canal Officer - Determination of cost and payment of his share by applicant - Nothing to do with order sanctioning use - Order sanctioning use must precede determination of costs - Duty of..........
Punjab Agricultural Produce Markets (Validation) Act, 1976 -- Constitutional validity of - Ultra vires - Section 2 a mere declaration overriding judgment of Supreme Court in Raunaq Ram's case 1975 P. L. J. 309 - Bars legal remedy without eroding sub stantive legal right - Patent intrusion into field of judicial power - Sections 1 and 3 merely ancillary and cannot stand by..........
Civil Procedure Code, 1908, Section 11 -- Hiba-bil-Evaz declared void - Not binding on the persons who were not parties in the suit in which the judgment was passed...........
Redemption of Mortgages (Punjab) Act, 1913, Section 4, 5, 6, 7, 8, 9, 10, 11, 12 -- Order of Collector to the detriment of either party passed under Sections 5 to 11 - Conclusive unless suit brought within one year to set aside Collector's order - Section 12 curtails general right of redemption - Party who seeks benefit of special jurisdiction must necessarily accept..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13A -- as added by Haryana Act No. 34 of 1974 - Sitting aside of decrees of Civil Court - Legislature cannot declare judgment of Court to be void or not binding - Can be done by Amending Law so as to nullify effect of judgment.
It is a well-known canon of law that the Legislature and the Judiciary have their..........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Appeal by several appellants dismissed in default-one of the appellants files application U.O.41.R.19 for restoration of appeal - Application in maintainable and the appeal can be restored - Effect of restoration - Held that though the application Under Rule 19 by only one of such appellants is maintainable the appeal will..........
Civil Procedure Code, 1908, Order 30, Rule 10 -- Sole proprietor dies - Firm carries on business in the old name - Decree in the old name of the firm passed - Decree is binding on all the heirs of the deceased proprietor...........
