Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - Boundaries specified in both suits i.e suit for partition and suit for permanent injunction not same - Defendants contended that property in subsequent suit is one for which partition is sought in earlier suit for partition - Said fact not denied by plaintiffs - Injunction granted in earlier suit for..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit was filed by plaintiff for cancellation of sale deed executed by defendant in favour of respondents - Subsequent suit filed by defendant for cancellation of said sale deed on the ground that fraud is played upon him - Matter in issue in earlier suit is not directly and substantially in issue..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 4, 5, 7, 9, East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 23A -- Eviction petition - Maintainability - Land whose management and control vests in Gram Panchayat falls within the ambit of `public premises and land' u/s 9 of 1973 Act and if land is found..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 2007, Section 42A, Constitution of India, 1950, Article 13, 14, 16, 19, 21, 31A -- Amendment u/s 42-A of the Act - Striking of - Amendment u/s 42-A of the Act states that management and control of jumla mustarka malkan land vests with gram panchayat and shall be utilized and continue to be utilized..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Second application - Amounts to seeking review of earlier order which is not permissible under the law as quasi-judicial authority can exercise power of review only if statute under which said authority is acting provides for the same...........
Civil Procedure Code, 1908, Section 9, Uttar Pradesh Consolidation of Holdings Act, 1953, Section 49 -- Consolidation proceedings - Jurisdiction of civil Court - Suit for declaration - Maintainability - Is not maintainable as S.49 of the Act bars jurisdiction of civil Court to adjudicate upon dispute of rights and title relating to land included in consolidation..........
Criminal Procedure Code, 1973, Section 223 -- Consolidation of two cases - Application rejected - Apprehension of passing of contradictory orders - Since same Court is ceased of both the trials, thus, there is no chance of passing of contradicting orders - No case is made out for interfering with orders passed by Court below - Application rightly dismissed...........
Civil Procedure Code, 1908, Section 114, Uttar Pradesh Consolidation of Holdings Act, 1953, Section 5(c)(ii) -- Review - In second appeal the court did not taken into consideration the arguments raised that portion of land was `chakout' and therefore was not part of consolidation scheme - High Court justified in reconsidering the matter in Review Petition...........
Uttar Pradesh Consolidation of Holdings Act, 1953, Section 5(c)(ii) -- Permission of Settlement Officer - If the land holding is subject to consolidation proceedings then permission of Settlement Officer (Consolidation) is required before same is transferred - However, if land is not subject matter of consolidation scheme, through it may be part of holding of tenure..........
Uttar Pradesh Consolidation of Holdings Act, 1953, Section 5(c)(ii) -- Permission of Settlement Officer - `Chakout' Property - Held, that suit property "Chakout" was outside purview of consolidation scheme inasmuch as its value could not be taken into consideration while framing scheme and it could not be allocated or allotted to any other person - No permission was..........
