Punjab Municipal Corporation Act, 1976, Section 49, Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction restraining Municipal Committee from demolishing boundary wall forcibly, illegally or in any other manner - Maintainability of suit in absence of notice - Plea of Municipal Committee that suit not for permanent injunction rather a suit for declaration..........
Punjab Pre-emption Act, 1913, Section 3 -- Retrospective operation of Notification under Section 8 - Not illegal - Notification in respect of sale that had already taken place, so as to take away right of pre-emption that had already accrued - Section 8 itself envisages...........
Punjab Pre-emption Act, 1913, Section 8 -- Notification under Section 8(2) during pendency of pre-emption suit - Pre - emptor must possess right on date of sale, on date of suit and at least till date of decree of trial Court - Moment notification issued, even if considered prospective, pre emptor would not have right to pre-empt on date of decree because of notification..........
Civil Procedure Code, 1908, Section 11, Order 9, Rule 9, Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Second application under Section 7 - First application under Section 7 dismissed for default - Second application not barred - Principle of res judicata can be invoked only if a decision on merits has been made and not otherwise...........
Civil Procedure Code, 1908, Order 20, Rule 12A, Specific Relief Act, 1963, Section 28 -- Decree-holder if fails to deposit amount within time allowed - Section 28 provides for such a situation - Effect not provided for in Rule 12-A of Order 20 Civil Procedure Code - Section 28 itself inter alia provides for extension of time - Decree for specific performance directed..........
Land Acquisition Act, 1894, Section 34 -- As amended by Section 20 read with sub section (3) of Section 30 of Act 68 of 1984 - Amount if any remains unpaid upto 30th April, 1982 - Landowner entitled to interest at the rate of 15 per cent from said date till its payment...........
Civil Procedure Code, 1908, Section 35B, 151, 148 -- Whether a Court which passes order under Section 35-B striking off defence fox- not paying costs, can recall/review its order and/or extend time for payment of costs under Section 151 and/or Section 148, on sufficient cause being shown - Application for recalling order passed under Section 35-B maintainable under Section..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 18(6) -- Scope of - Empowers Financial Commissioner to act suo motu to nullify effect of miscarriage of justice - Suo motu action of Financial Commissioner - Has to follow receipt by Financial Commissioner of information in normal course that illegality or impropriety has been committed in proceedings - No shackles, that..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 18(6) -- Haryana Utilisation of Surplus and Other Areas Scheme - Para 7(iv) and Form US-2 - Allotment of surplus land to 'C category tenant - Suppression of vital facts and prima facie fraudulent conduct of applicant - Cancellation of allotment - Allotment Authority not competent to set aside order of allotment -..........
Civil Procedure Code, 1908, Order 9, Rule 4, Limitation Act, 1963, Section 12(2), Article 122 -- Application for restoration of suit dismissed in default - Exclusion of period spent in obtaining certified copy of order under Section 12 Limitation Act - Not permissible - Application for restoration not covered under Section 12(2) Limitation Act - Article 122 Limitation Act..........
