Punjab Land Revenue Act, 1887, Section 116 -- Objection of private partition - Prima facie a question of title involved...........
Land Acquisition Act, 1894, Section 31, 18 -- Question whether reference duly made to Collector, and, if so, regarding its validity - Proper forum - District Judge - Absence of clear cut procedure and glaring failure to maintain prescribed record - Presumption prima facie that written application under Section 18 preferred - Valuable substantive right conferred upon..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 8, 12(3) -- Land purchased under Section 18 Punjab Security of Land Tenures Act - Authorities under Haryana Ceiling Act ignored purchase and ordered utilisation - Suit in Civil Court for declaration and injunction against State and Authorities under Haryana Ceiling Act - Act of utilising land prima facie without..........
Civil Procedure Code, 1908 - - impleading of third party in a pending suit - Requirements: (i) third party is a necessary party; and (ii) suit cannot be decided without such third party - Prima facie determination whether applicant necessary party to litigation or not - Suit for permanent injunction restraining defendants from allowing water from main street to run towards..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Ad-interim injunction - Governed by three principles: (i) party should have prima-facie case in its favour; (ii) balance of convenience should be in favour of party seeking such injunction; and (iii) grant or refusal of injunction going to result in irreparable loss or injury to party adversely affected by it which cannot be..........
Haryana Municipalities Act, 1973, Section 258 -- Validity of notification declaring notified area - Determination whether Government actually applied its mind - Onus on petitioner to show lack of application of mind by Government - Absence of any prima facie evidence to the contrary - Not for Government to satisfy petitioner on application of its mind...........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 44 -- Bar of jurisdiction of Civil Court - Plaintiff claiming himself to be owner of land filed suit in Civil Court for permanent injunction restraining defendant from interfering with his possession - Defendant pleading that change of possession was to be by Consolidation Authorities..........
Transfer of Property Act, 1882, Section 105 -- Lease or licence - Nature of deed - Tests: (1) substance of document should be preferred to the form, (2) real intention of parties, (3) document if creates interest in property then lease and if only permits user of which legal possession continues with owner then licence, (4) exclusive possession prima facie shows tenant -..........
Civil Procedure Code, 1908, Section 25 -- As amended by Act 104 of 1976 - Transfer of suit by Supreme Court - Factors to be taken into consideration : (I) suit ex facie instituted deliberately in a wrong Court if prima facie on the pleadings sufficient justification for such a plea, objection to territorial jurisdiction being relevant factor; (2) relationship between the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Application for interim injunction in a pending suit - It is necessary for the Court to enter to some degree, into the merits of the case in order to determine whether a prima facie case exists - When the Court says that a prima facie case exists, it intends to say that the case of the plaintiff is not without merits...........
