Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Existence of arbitration agreement has not been disputed by respondent - Question whether there exists a valid dispute to be referred to arbitration can be addressed by Arbitral Tribunal as a preliminary issue - Former Chief Justice of Punjab & Haryana High Court appointed as the sole..........
Punjab Courts Act, 1918, Section 41 -- Second appeal - S.41 of the Act, does not mandate framing of substantial questions of law for entertaining the second appeal - Therefore, a second appeal u/s 41 of the Act can be entertained by Punjab and Haryana High Court even without framing a substantial question of law...........
Partition -- Jurisdiction - In Punjab, Haryana and UT Chandigarh, jurisdiction to partition the joint property is conferred in Revenue Authorities as well as Civil Court - With regard to agricultural land, jurisdiction is pre-dominately with Revenue Authorities, whereas, with regard to non-agricultural land, jurisdiction exclusively vests in civil Court...........
Partition -- Jurisdiction - In Punjab, Haryana and UT Chandigarh, jurisdiction to partition the joint property is conferred in Revenue Authorities as well as Civil Court - With regard to agricultural land, jurisdiction is pre-dominately with Revenue Authorities, whereas, with regard to non-agricultural land, jurisdiction exclusively vests in civil Court...........
Punjab Pre-emption Act, 1913, Section 3(3), 8(2) -- Right of pre-emption - Urban immovable property located in a municipal area of Haryana - Notification of 1985 provides that right of pre-emption shall not exist in respect of sale of land falling in the areas of municipalities in Haryana - Land and immovable property are two different terms - Notification limits its..........
Civil Procedure Code, 1908, Order 22, Rule 3(2) -- (As amended by High Court (Punjab, Haryana and Chandigarh) - Substitution of LRs - Limitation period of 90 days not applicable - Application that suit has abated for non impleadment of L.R's within 90 days rightly dismissed and L.R's allowed to be impleaded...........
Court Fees Act, 1870, Section 7(iv) -- Court fee - Agricultural land in State of Haryana - Court fee is payable on the basis of 10 times of revenue payable and not on the value of property or sale deed of suit property...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Not required to be formulated in second appeal arising in States of Punjab and State of Haryana...........
Service -- Recruitment - Equivalence of qualification - Government of Haryana accepted diploma in Art and craft from Kurukshetra University as equivalent to qualification to Diploma in Art and Craft secured from Haryana Industrial Training Department - Government also ready to accommodate and appoint candidates with said Diplomas from Kurukshetra University who were found..........
Revenue proceedings -- Delay in disposal of proceedings pending before Revenue Courts - Directions issued to both Chief Secretaries for States of Punjab and Haryana, as well as Administrator, U.T., Chandigarh, to the following effect to issue necessary guidelines to all Revenue Courts, defined under all the local Acts : (i) service of notices, summons and exchange of..........
