Civil Procedure Code, 1908, Section 2(2), Order 41, Rule 3A, Rule 9 - - Order dismissing appeal after dismissal of application under Section 5 Limitation Act - Not a decree within meaning of Section 2(2) of Code - Not open to Court to extend meaning of word "decree" and include in it other kind of orders though they are similar to orders expressly included in the..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- If a person finds that he had not been allotted land in consolidation proceedings in lieu of some land of which he was owner - Can approach Authorities mentioned in Section 42 for which there is no limitation - Preparation of Misal Hakiat - Does not render Consolidation..........
Limitation Act, 1963, Article 58 -- Wrong entries in revenue papers - Co-sharer in possession of his share of land - Under no obligation to file a suit for declaration of his title of property claimed by him - Wrong entries in revenue papers, though give a right to him to file a suit for their correction but he can ignore the same, as he is in possession - Co-sharer in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint a second time in a suit for recovery of earnest money and damages for no, performance of agreement of sale - Amendment to add that plaintiff were always and are still ready and willing to perform their part of agreement and addition of relief of specific performance of agreement of sale when limitation for..........
Punjab Co-operative Societies Act, 1961, Section 26A -- Interpretation of - Envisages co-option to Committee of a Co-operative Society which has individuals as its members or, in other words, Primary Co-operative Societies - Words 'class of Societies' in sub-section (I) only refer to Primary Co-operative Societies and not to Central or Apex Co-operative Societies - No..........
Punjab Co-operative Societies Rules, 1963, Rule 23A -- Only regulates mode or manner in which co-option to be made...........
Punjab Co-operative Societies Act, 1961, Section 15A(1) -- No Central Co-operative Society can have or has any individual members - Subsection (1) of Section 15-A injuncts Central Co-operative Society from having individuals as its member...........
Constitution of India, 1950, Article 226 -- Alternative remedy - Challenge to co option as Directors or Members of Managing Body or Committee of Central Co-operative Society - Objection that petitioner should be relegated to his remedy under Section 55 Punjab Co-operative Societies Act i. e. by assailing co-option and election through arbitration - Not tenable as..........
Punjab Co-operative Societies Act, 1961, Section 26A -- Query - Whether there can be a general or omnibus direction by Registrar to all Cooperative Societies to co-opt two members of their members to their respective Committees - Question left open...........
Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1953, Section 3 - - Alienation successfully challenged by reversioners - Declaratory decree converted sale of occupancy rights into mortgage and after death of alienor reversioners entitled to redeem land on payment of amount of sale consideration - Result of declaratory decree - Sale of occupancy rights held..........
