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..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Not a strict rule that a person cannot be added as a defendant against wishes of plaintiff - A person if likely to be affected by the result of suit - Becomes a proper party - Should be allowed to be added - Application for being impleaded as a party (in a suit for permanent injunction restraining Municipal Committee from..........
Punjab Co-operative Societies Act, 1961, Section 63 -- Assistant Registrar ordered recovery of amount from properties and persons - Society raised loan from Central Co-operative Bank and pledged two houses, as a dispute arose, matter referred to Arbitrator - Award specifically mentioned that amount can be recovered by sale of property mortgaged or from any property..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13 - - Section 13 not operative when lis or dispute between two private individuals - Jurisdiction of Civil Court taken away when lis between Gram Panchayat and a private person and it relates to any of the questions specified in Section 13 - Only when contest between Panchayat and a private person for..........
Words and Phrases -- Word Adjudication, implication of - To finally determine rights of two contestants vis-a-vis subject-matter of dispute judicially or in a judicial manner - One of the essential traits of "adjudication" - Proprio vigore binding on and creates rights and obligations between the parties...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13 - - Suit in Civil Court for permanent injunction restraining defendants from raising any construction or interference in possession of suit land and for a mandatory injunction directing defendants to demolish construction and restore Gali Sheh-re-aam (thoroughfare) to its original position - In pleadings of..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13 - - Bar of jurisdiction of Civil Court - Comes into play even if litigation between individuals when dispute of nature falling under Section 13 - Not necessary that Gram Panchayat must be one of the contesting parties to suit - Section 13(a) as applicable to Punjab State practically similar to Section 13(a) as..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction in a suit for permanent injunction restraining defendants from dispossessing plaintiff from land as land in dispute owned by Trust and not by Murti therefore ejectment orders against plaintiff null and void - Ejectment orders under Punjab Security of Land Tenures Act against plaintiff passed by..........
Punjab Co-operative Societies Act, 1961, Section 80A, 26(4), 55 -- Dissent by nominated member to validity of meeting summoned for electing office bearers - Nominated members in view of Section 80-A have no right of voting - No power inheres in Government to take notice of dissent by nominated members - Validity of meeting - Can be examined only if dispute raised in terms..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13A, 13B, 13 - - Suit filed in Civil Court in 1969 for permanent injunction restraining Gram Panchayat from interfering with plaintiff's possession on land in dispute- Civil Court held plaintiff to be in possession of disputed site in capacity of a co-sharer and not a trespasser, Gram Panchayat failed to prove..........
