Civil Procedure Code, Section 115(1) -- Proviso Clauses (b) and (a) - Order even if it has not finally or has the effect of finally disposing of suit or other proceedings - High Court has jurisdiction to interfere with the order in revision - Clause (b) of Proviso should be given a liberal construction - Cases which fall under Clause (b) of Proviso would not become..........
Civil Procedure Code, Section 115(1) -- Proviso Clauses (a) and (b) - Effect and scope of limitations on revisional jurisdiction of High Court - High Court can interfere in the orders in revision if they fall under Clause (b) of Proviso alone, of course, cases falling under Clause (b) must again be covered under Clauses (a) to (c) of Section 115(1) - Clause (b) of Proviso..........
Civil Procedure Code, -- Interim injunction restraining defendants from interfering in peaceful possession of plaintiff over suit land - Plaintiff claiming that Wakf Board had leased suit land in his favour - In earlier suit by father of plaintiff suit land alleged to be a grave-yard and Wakf Board gave undertaking before Court that it would not alienate suit land in any..........
Civil Procedure Code, 1908, Section 114, 151, 152, 153, Order 47, Rule 1 - - Enhanced compensation in land acquisition case because of subsequent judgment of High Court - Claimant not entitled to relief under Section 114 or Order 47 Rule 1 - Only remedy available to claimant - To file appeal against order of High Court - Cannot seek relief by moving application under..........
Civil Procedure Code, 1908, Section 151 -- Inherent jurisdiction - Cannot be invoked for grant of a substantive relief where specific provision in that behalf is available under other provisions of the Code - Section 151 not a substantive provision conferring any right to get any relief of any kind - Merely a procedural provision which enables a party to have proceedings..........
Civil Procedure Code, 1908, Section 114, 151 -- Application seeking review of order disposing of appeal and cross-objections, claiming enhanced compensation and other benefits and further prayer to be allowed to make up deficiency in Court-fees - Applicant not entitled to enhanced compensation under Section 28-A Land Acquisition Act as same not applicable because applicant..........
Constitution of India, 1950, Article 226 -- Challenge to order of resumption under Section 17 Haryana Urban Development Authority Act - Once it comes to notice of Court that show-cause notice does not state correct facts and subsequently followed by order resuming plot which lacks application of mind - High Court will be failing in its duty in not exercising its extra -..........
Punjab Land Reforms Act, Section 7(2) -- Landowner owning or holding more than permissible area - Failure to file necessary return in Form A or filed such returns by giving false information - Liable to be prosecuted and punished under Section 7(2) ...........
Civil Procedure Code, Section 151,152,47 -- Order 21 ,R. 11(2) - Only after decree-holder declared to be purchaser of share of judgment-debtor - Decree-holder can file regular execution application under Order 21 - Application by decree-holder under Sections 151/152 for certain directions to judgment-debtor - Not an execution application under Order 21 - Partition Act,..........
Haryana Municipalities Act, 1973, Section 203(1)(c) -- Municipal Committee framed a Town Planning Scheme under Section 203 - Only 4061 Sq. yds. of land shown on plan of Scheme as against 4961 Sq. yds. as per revenue record - On getting demarcation done found that land measuring 4961 Sq. yds. included in the Scheme - Action of Authorities in proceeding on the assumption..........
