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..........
Civil Procedure Code, 1908, Section 148, 151, Order 23, Rule 3 -- Clause in compromise decree entitled decree-holder to recover possession of land in case of no, payment of instalment on date fixed - In the nature of penalty and forfeiture clause - Court fully competent to give relief against such clause - Where no statutory provision under which time fixed in compromise -..........
Punjab Security of Land Tenures Act, 1953, Section s, 14A(i), 9(1)(ii) -- Claim for compensation - No obligation on Assistant Collector to ask tenant to file a claim for compensation - Smt. Ganeshi Devi's case 1975 P. L. J. 195 Dissented from in Baldev Parkash's case 1978 P. L. J. 311 - Provisions of Section 70 Punjab Tenancy Act not applicable to proceedings under the Act..........
Punjab Security of Land Tenures Act, 1953, Section 9(1)(ii) -- Ejectment for failure to pay rent regularly without sufficient cause - Default in payment of rent established - Onus for showing sufficient cause for nonpayment of rent - On tenant - Ejectment application in 1979 for failure of tenant to pay rent in respect of Rabi 1978 to Kharif 1979 - Facts proved on record..........
