Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for specific performance - Agreement to sell executed on the basis of special power of attorney and earnest money paid - Plea of respondent that power of attorney only authorised to enter into negotiations for the sale of property and agreement to sell is collusive - Fairly good arguable case..........
Land Acquisition Act, 1894, Section 23(1A), 30(1)(a) -- Additional amount - Notification u/s 4(1) issued in 1980 - Possession taken in 1981 - Award made in June, 1982 after introduction of Bill but the Amendment Act 68 of 1984 came into force - Held, claimants are entitled to additional amount u/s 23(1-A) of the Act...........
Criminal Procedure Code, 1973, Section 401 - - Companies Act, 1956, Section 630(1)(b) - Revision against conviction - The petitioner ex-employee of respondent-company not vacating the quarters allotted by the company - Complaint under Section 630 of the Companies Act filed. Chief Judicial Magistrate imposing a fine of Rs.750/- to the accused/petitioner failing which he..........
Criminal Procedure Code, 1973, Section 145, 482 -- Quashing of proceedings - No parallel proceedings can be initiated by the police and the Magistrate when such a dispute is already pending before the Civil Court so far as & the possession and ownership of the disputed land is concerned...........
Specific Relief Act, 1963, Section 37, 38 -- Plaintiff tenant in the suit land - No order of eviction against plaintiff - Not the case of defendant that plaintiff relinquished his tenancy rights by any valid relinquishment deed - Held, a tenant in possession is legally presumed to remain in possession till evicted by a Court of competent jurisdiction - Appeal against order..........
Khasra Girdwari -- Is not a part of the record - It is prepared by revenue authorities merely to reflect the current possession so that they may recover the land revenue from the current occupier...........
Mohammadan Law/Mohammedan Law -- Gift - Validity - Three essentials are (i) Declaration of gift by donor (ii) acceptance by donee and (ii) delivery of possession of property gifted from donor to donee - Gift will be rendered invalid if any one of essential conditions are not complied with - Where there is no recital in deed of settlement that donee had accepted gift and..........
Punjab Land Revenue Act, Section 34, 35, 36, 37 -- Notice of mutation proceedings to co-sharers in the joint Khata-Necessary-Sale by a co-sharer of specific Khasra numbers in his exclusive possession within limits of his share in joint Khata-Notice should be given to all other co-sharers in the joint Khata so that question of exclusive possession or otherwise may be..........
Limitation Act, 1963, Article 61 -- Mortgage - Redemption - A mortgagor or any one claiming through him can redeem or recover possession within 30 years...........
Wakf Act, Section 15, 66H -- Wakf Board entitled to maintain action for possession by virtue of authority conferred by Section 15(1) read with Section 15(2)(i)-Section 66-H as incorporated by Amendment Act 1984-Retrospective in operation-Prithipal Singh's case 1977 PLJ 271 and Full Bench decision in Bachan Chand's case 1984 PLJ 142 FB Over-Ruled by Supreme Court in Punjab..........
