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..........
Hindu Adoptions and Maintenance Act, 1956, Section 18, Civil Procedure Code, 1908, Section 151 -- Proceedings under Section 18 - Court can grant interim maintenance - Inherent powers under S.151 CPC can be invoked for grant of interim maintenance...........
Hindu Adoptions and Maintenance Act, 1956, Section 18, Hindu Marriage Act, 1955, Section 24 -- Pendency of matrimonial proceedings before Family Court - Interim maintenance - It is not necessary that application has to be made under S.24 of the Hindu Marriage Act in the same Court - In such situation, application under Section 18 of Hindu Adoptions and Maintenance Act is..........
Khasra Girdwari -- Change of possession - Person shown to be in continuous possession for a number of years - Settled law that continuity of possession is presumed [Evidence Act, Section 114 Illustration (d) ] unless some evidence produced to the contrary - Neither any evidence of transfer of possession nor evidence to suggest voluntary surrender of possession - Khasra..........
Civil Procedure Code, Section 21(1) -- Objection to territorial jurisdiction of trial Court before Court of Appeal - Setting aside of decree without a finding that prejudice has been caused - Not sustainable - Unless failure of justice proved - Entire proceedings cannot be annulled - Three essential conditions under Section 21 are: (1) objection taken in the Court of first..........
Haryana Canal and Drainage Act, 1974, Section 18(2) -- Time - frame fixed - Only directory - Failure on the part of D.C.O. to decide about the Scheme within 30 days of the time for the receipt of objections and suggestions - Will not render the Scheme itself null, void or invalid - Chandgi Ram's case 1989 PLJ 323 Upheld - Time - frame provided in sub - section (2) of..........
Constitution of India, 1950, Article 226,14 -- Allotment of plot - Petitioner exercised option for transfer of application from Amritsar to Jalandhar - Based on mis-leading representation made by respondents - Plea of estoppel raised by respondents - Without substance - Petitioner not bound by option exercised - Cannot be estopped from seeking transfer of his application -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction to restrain defendants from alienating property mentioned in the plaint - Alienation of property during pendency of suit - Hit by doctrine of lis pendens under Section 52 Transfer of Property Act - Appellate Court order setting aside order of trial Court restraining alienation of property - Upheld...........
