Civil Procedure Code, 1908, Order 7, Rule 1 -- Suit filed without referring the dispute for arbitration as stipulated in the contract of policy of insurance - Held, if there is no dispute with regard to the quantum of money, the suit is maintainable...........
Electricity -- Circular No.26 of 1989 of Punjab Electricity Board - Dispute Settlement Committees constituted at Circle level and Zonal levels to ensure expeditious settlement of pending disputes - Dispute whether two meters installed in one premises in two names can be clubbed or not and bill issued on the basis of clubbing - Held, such disputes are covered by the term..........
Civil Procedure Code, 1908, Section 92(1) -- Trustee - Removal and appointment of a new trustee - Suit can only be filed with permission of Court - If permission not taken suit is not maintainable...........
Civil Procedure Code, 1908, Section 92(1), 92(2) -- Provisions of S.92(1) & (2) are mandatory - It is necessary to have leave of the Court before filing a suit - Permission to file suit obtained during pendency of suit and on basis of the said permission, the respondents if so advised can only bring a fresh sit - They cannot continue with the suit which was not..........
Civil Procedure Code, 1908, Order 21 -- Decree passed in terms of compromise - Terms and conditions of settlement-cum-decree violated - Execution as well as contempt proceedings - Maintainable - Not correct that law does not permit continuation of both proceedings and must elect either proceeding - Contempt proceedings and execution proceedings - Two independent..........
Civil Procedure Code, 1908, Order 23, Rule 1, 3, Civil Procedure Code, 1908, Order 43, Rule 1 -- Refusal to record compromise and rejection of application to withdraw suit - Do not amount to decree - Appeal against not maintainable - Appeal against order U.O.23.R.3 is also prohibited...........
East Punjab Urban Rent Restriction Act, 1949, Section 3 -- Notification dated 22.10.71 exempting newly constructed buildings in 1968, 1969 and 1970 in Haryana from Rent Act for a period of 5 years from the date of its completion - Building constructed in December 1968 - Five years period of exemption comes to December 1973 - Thereafter eviction to be sought under Rent Act..........
Hindu Marriage Act, 1955, Section 12, 14 -- Petition u/s 12 for declaration of marriage as void is maintainable even if it is filed within one year of marriage - Section 14 prescribing completion of one year period from date of marriage applies only to petitions seeking divorce u/s 13 of the Act...........
Possession -- Suit for mandatory injunction for directions to hand over the vacant possession of the shop - Suit in fact is for possession though couched in the form of suit for mandatory injunction - Held, suit is maintainable...........
Specific Relief Act, 1963, Section 39, 34 -- Suit for mandatory injunction and for directions to defendant to hand over vacant possession - Objection that suit for mandatory injunction not maintainable and a suit for possession should have been filed - Not tenable - Suit in fact for possession though couched in the form of suit for mandatory injunction...........
