Punjab Land Revenue Act, Section 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121 -- Death of a share-holder during pendency of partition proceedings-Partition proceedings continued and L. R.s of deceased share-holder not brought on record-Advocate engaged by share-holder throughout represented him (even after his death)-Either pleader representing share-holder (since..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 90 -- Auction sale - Confirmation - Confirmation of sale in the year 1996 at 1991 prices without taking into consideration price escalation since then - Rule of fairness demands such sale to be cancelled and fresh sale to be held in interest of justice to party...........
Civil Procedure Code, 1908, Section 11, Order 21, Rule 22, 23 -- Order passed under O.21.R.23(2) operates as res judicata in all further proceedings - If notice under Order 21 Rule 22 is not given objection to executability can be raised at a later stage...........
Consumer Protection Act, 1986, Section 2(1)(d), 21 -- Deficiency in service - Failure to follow instructions of the consignor claimed as deficiency in service as well as claimed to be violative of Rule 12(24) of the Carriage by Air Act, 1972 - State Commission leaving the complainant to its remedy by way of civil suit - Order upheld...........
Civil Procedure Code, 1908, Order 33, Rule 3(3), Civil Procedure Code, 1908, Order 44 -- Indigent person - Application shall be presented by the applicant in person unless exempted from appearing in Court - For this purpose Counsel for party cannot be treated or taken as an authorised agent - Rule 5 of O.33 mandates the Court for rejection of such application if not..........
Civil Procedure Code, 1908, Order 21, Rule 89, 92 -- Auction sale - Setting aside under rule 92 - Order is appealable...........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Applicability - Rule does Hot apply when an individual put forward a right which he has acquired as a member of community - Rule applies where an individual put forward a right of the community...........
Civil Procedure Code, 1908, Order 18, Rule 3-A -- Rule is directory and not mandatory...........
Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Date of accrual of cause of action is relevant and not date of filing of written statement - Counter claim has to be filed within time mentioned in Rule 6-A Its other relevant features - Analysed...........
Civil Procedure Code, 1908, Order 26, Rule 9, 18 -- Local Commissioner - Appointed exparte - Rule 18 not complied with - Commissioner not examined - Much reliance cannot be placed on Commissioner's report...........
