Civil Procedure Code, 1908, Section 151 -- Inherent powers - Grant of interim maintenance in a partition suit - Court has no power - It has to be borne in mind that the suit in which the claim for maintenance has been made is a suit for partition of the family estate. It is not a suit for maintenance or for grant of alimony. The Code of Civil Procedure does not provide for..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Two revision petitions under Section 42 pending before Additional Director - Disposal of one revision petition on merits - At a later stage different order cannot be passed on the second revision petition. Once the Director of Consolidation of Holdings has disposed of revision..........
Punjab Co-operative Societies Act, 1961, Section 56 -- Constitutionality of - Not ultra vires.
Where it was contended that Section 56 of the Punjab Co-operative Societies Act is ultra vires the Constitution of India inasmuch as it vests arbitrary and unguided powers in the Registrar to adopt a procedure for disposing of the private disputes - the Registrar on receipt of..........
Punjab Pre-emption Act, 1913, Section 4, 2 - - Preemption suit on the ground of being co - sharer - Partition of land during pendency of pre - emption suit - Appeal against order of partition pending during pendency of pre - emption suit - Pre-emptor ceased to be co - sharer on the date of partitio, Not entitled to preempt being not a co - sharer on the date of decree...........
Civil Procedure Code, 1908, Section 115 -- Interlocutory orders - Order disallowing interrogatories - Not case decided - Revision lies - As the interrogatories and the production of the documents were intended merely for the disposal of the injunction matter. In my view by rejecting the prayer of the petitioner at this stage no ultimate right claimed in the suit stands..........
Displaced Persons (Compensation and Rehabilitation) Act, 1954 -- 'Package Deal' property - Disposal of - Chief Settlement Commissioner - Has no authority - Authorities under Rehabilitation Act have no jurisdiction to deal with property acquired by State Government under 'Package Deal'. The Chief Settlement Commissioner has no authority to deal with the question of disposal..........
Displaced Persons (Compensation and Rehabilitation) Act, 1954 -- Persons covered by Press - note of 1962 - Have an enforceable legal right - Not open to State Government to discriminate between one member of a particular category and another - Government must deal with all members of the categories covered by Press - note in the same manner. The persons falling in the..........
Displaced Persons (Compensation and Rehabilitation) Act, 1954 -- 'Package Deal' property - Disposal of - Right of unsatisfied claimant and right of sitting perso, Procedure to be followed. The view that even if other property is available for the satisfaction of the unsatisfied claimants, the sitting persons, who are eligible under the Press-note, must necessarily be..........
Displaced Persons (Compensation and Rehabilitation) Act, 1954 -- 'Package Deal' property acquired by State Government - Impressed with a charge for satisfaction of unsatisfied claimants - Notwithstanding the transfer authorities under Rehabilitation Act have power of allotment or transfer of land by way of compensation to unsatisfied claimants - Disposal of property..........
Civil Procedure Code, 1908, Order 41, Rule 7.3A -- As added by Punjab High Court and Section 151 - Scope of - Before considering whether retrial of suit is necessary the decree must first be reversed - Decree cannot be reversed for the sake of remanding the case - Remand cannot be ordered in exercise of inherent powers under Section l51 - Object of recording additional..........
