Specific Relief Act, 1963, Section 38, Northern India Canal and Drainage Act, 1873, Section 30G -- Forcibly digging Khal/watercourse - Grant of permanent injunction - Jurisdiction of civil Court - Held, civil Court will certainly have jurisdiction to prevent or threatened wrong - In such a situation, civil suit is not barred by S.30-G of 1873 Act - Canal Authorities can..........
Punjab Municipal Act, 1911, Section 65, 66, 67, 68A -- House tax - Assessment of - Violation of procedure - Jurisdiction to entertain civil suit - Plaintiff was paying a sum of Rs.162/- as house tax for building in question under the Act - Before any element of tax has to be enhanced, there is a procedure to issue notice and make a fresh assessment and call for objections..........
Hindu Law, Civil Procedure Code, 1908, Order 20, Rule 12, Benami Transactions (Prohibition) Act, 1988, Section 4(1), Civil Procedure Code, 1908, Order 41, Rule 23 -- Suit for possession - Mesne profits - Court has discretion to award mesne profits to the successful plaintiff or to leave the plaintiff to have recourse to an independent suit for that relief - In case Court..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Unauthorized absence from duty - Departmental enquiry - Penalty imposed - Appeal filed by plaintiff dismissed - Penalty order challenged by way of filing civil suit - Application for amendment seeking to challenge order passed in appeal filed after more than three and a half years of filing of the suit -..........
Civil Procedure Code, 1908, Order 7, Rule 7 -- Relief claimed - True nature of - Determination of - Held, in order to determine the true nature of the relief claimed in a suit, the pith and substance and not the form in which the relief may be couched has to be considered...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte Decree - Setting aside - Plea that after restoration of suit to its original number, no summon was served on petitioner - However, petitioner after restoration of suit to its original number appeared on various dates and participated in proceedings - Even issues were settled in the presence of counsel of parties -..........
Civil Procedure Code, 1908, Order 21, Rule 1(b) -- Execution - Execution of sale deed - Payment of the suit amount paid in accordance with O.21.R.1(b) CPC and evidence in writing of J.D. - Execution petition cannot be dismissed - Execution application restored to the file of the Executing. Court...........
Transfer of Property Act, 1882, Section 106, Civil Procedure Code, 1908, Order 7, Rule 7 -- Quit notice - Found invalid - Held, service of summons of the suit for eviction of the tenant showing the categorical intention of the landlord asking the tenant to vacate the tenanted premises can be taken as a notice u/s 106 TPA read with O.7.R.7 CPC...........
Transfer of Property Act, 1882, Section 106, Civil Procedure Code, 1908, Order 7, Rule 7 -- Quite notice - Found invalid - Service of summons of the suit for eviction of tenant showing categorical intention of the landlord asking tenant to vacate the tenanted premises can be taken as notice - Starting date for calculation of mesne profits in both the eventualities will be..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Suit was set ex parte on 13.07.2001 - No steps were taken by petitioner and other defendants as well as Govt. Pleader till February, 2003 - Application U.O.9.R.13, CPC filed 01.02.2003 - Held, delay in filing application U.O.9.R.13, CPC..........
