Civil Procedure Code, 1908, Section 35 -- Awarding Costs - principles (1) The awarding of costs is within the discretion of the Court and the Court of Appeal will not interfere unless the discretion is vitiated by error of law (2) The awarding of costs may be either as a reward or as a punishment (3) A successful plaintiff or defendant may be deprived of his costs in part..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Finding of fact arrived at by inferior Court or Tribunal - Based on no evidence - To be regarded as error of law - Finding recorded as a result of conjectures and surmises - Cannot be sustained in law - Can be corrected by a Writ of Certiorari...........
Punjab Tenancy Act, 1887, Section 77(3) -- Whether provisions of Section 77(3) Punjab Tenancy Act over-ridden by provisions of Section 9 read with Section 14-A Punjab Security of Land Tenures Act because of no, obstante clause - Suit filed under Section 77(3) Punjab Tenancy Act for eviction and recovery of rent - Procedure prescribed by Section 14-A Punjab Security of Land..........
Punjab Land Reforms Act, 1972, Section 18 -- Review - Difference of opinion in interpretation of Punjab Land Reforms Rules- Does not become error patent on face of record - Review not justified - Punjab Tenancy Act, Section 82...........
Civil Procedure Code, 1908, Section 96(3) -- Consent decree - No appeal maintainable in any circumstances - Error if any - Can be corrected by competent Court in its revisional jurisdiction - Ashwani Kumar Kaushik's case 1980 R. L. R. 670 Over-Ruled - Pyara Singh's case 1984 Ct. L. J- 442 Over-Ruled - Consent decree does not become appealable even if it is not passed..........
Civil Procedure Code, 1908, Section 100 -- Second appeal, interference in - Competent where there is error of law or procedure and not merely error on a question of fact - No jurisdiction to entertain second appeal on ground of erroneous finding of fact, however, gross or inexecusable the error may seem to be...........
Civil Procedure Code, 1908, Section 115 -- Revisional Jurisdiction - High Court not to interfere with order in exercise of its revisional jurisdiction unless there is error in exercise of jurisdiction by trial Court...........
Punjab Land Revenue Act, 1887, Section 15, 34, 35, 36, 37 -- Review - Scope very limited - Confined to correcting error on face of record - Review of mutation given effect to in successive Jamabandis and no error on face of record - Not justified especially after lapse of much time...........
Civil Procedure Code, 1908, Order 20, Rule 14, Civil Procedure Code, 1908, Order 47, Rule 1 - - Order 20 Rule 14 imposes obligations on both sides, performance by one conditional on performance by the other - Obligations reciprocal and interlinked and cannot be separated - Defendant vendee if obtains stay order and relieved of obligation to deliver possession of properties..........
Civil Procedure Code, 1908, Section 35B -- Request for taking action under Section 35-B - Should be decided forthwith - Adjourning of case for filing of reply etc. - Should be avoided as far as possible - Court by not deciding matter under Section 35-B forthwith - Commits serious error inasmuch as it will be taken that defendant waived the point - Not following correct..........
