Punjab Land Revenue (Lambardari) Rules, 1908 -- Rule 19-B Harijan lambardar, appointment of - Freedom from indebtedness - Important consideration - Default in payment of loan obtained from State Cooperative Land Development Bank for improvement of land - Should be taken note of - Harijan lambardar candidate not only indebted but also a defaulter in repayment of loan - Not..........
Civil Procedure Code, 1908, Order 21, Rule 84(1) -- One fourth of bid amount - auction purchaser is required to pay immediately - in case of default of such deposit the property shall be sold forthwith and fresh sale proclamation is not required...........
Haryana Co-operative Societies Act, 1984, Section 20(d) - - Remains entitled to vote in affairs of Central Co-operative Society - Section 20(d) only over-looks a disqualification incurred by Primary Co-operative Society by being in default to Central Co-operative Society for a limited purpose - Allowed to vote in affairs of Central Co-operative Society, its default..........
Punjab Co-operative Societies Rules, 1963, Rule 26(a) -- Takes notice of a continuous default - Action can be taken under Rule 26(a) only if a member continues to be in default for such period as may be laid down in bye-laws - Primary Co-operative Society defaulter before election of representative and default continued - At the time of action Primary Cooperative Society a..........
Civil Procedure Code, 1908, Order 9, Rule 4, 3 -- Restoration of suit dismissed in default - Should be decided merely on affidavits in shortest possible time - Such matters not to be strictly decided like rights of parties in main suit - Parties should be allowed to contest their claims on merits instead of dismissing suit by refusing to restore it - Suit if dismissed in..........
Civil Procedure Code, 1908, Section 11, Order 21, Rule 97, 99, 103 -- Dismissal in default of first execution application - Application for restoration not filed - No bar to filing of second execution application...........
Punjab Co-operative Societies Act, 1961, Section 69 -- Dismissal of petition in default - On due of hearing neither petitioner nor counsel present - Case not taken up for hearing as Presiding Officer otherwise busy - Neither petitioner nor counsel aware of next date of hearing - Petition cannot be dismissed for default on adjourned date of hearing without prior intimation..........
Partition -- Right to enforce partition - Continuous right - Enures so long as joint tenancy continues - Suit for partition dismissed for default - Does not bar a subsequent suit for partition - Order of dismissal for default cannot amount to res judicata - Civil Procedure Code, Section 11 and Order 9 Rules 8 and 9...........
Punjab Security of Land Tenures Act, 1953, Section 9(1)(ii) -- Ejectment for failure to pay share of produce without sufficient cause - Sufficient cause for failure to pay rent neither pleaded nor shown - Finding that tenant failed to pay rent for one crop and earlier also payment of rent consistently to be obtained by filing applications or suits - Default on part of..........
Land Acquisition Act, 1894, Section 18, 53 -- Reference proceedings - Party to reference absent - Dismissal of reference on merits holdings as fair compensation amount assessed by Land Acquisition Collector - Illegal - Proper course - District Judge to dismiss reference for default of appearance - Claimant can make application for restoration of reference dismissed for..........
