Limitation Act, 1963, Article 58 -- Wrong entries in revenue papers - Co-sharer in possession of his share of land - Under no obligation to file a suit for declaration of his title of property claimed by him - Wrong entries in revenue papers, though give a right to him to file a suit for their correction but he can ignore the same, as he is in possession - Co-sharer in..........
Punjab Land Revenue Act, 1887, Section 95, 92, 75 -- Sale by Government (through public auction) of land acquired under Land Acquisition Act - Not covered by Sections 75, 92 and 95 - Sale not effected under any provision of Act - Cannot be annulled under the Act - Section 75 applicable only when land sold for recovery of arrears of land revenue or any sum recoverable as..........
Punjab Gram Panchayat Act, 1992, Section 4(3) - - Condition precedent for applicability of Section 4(3) - Inclusion of whole of Sabha area within Municipal limits - By partial inclusion of Sabha area within Municipal limits - Gram Sabha and Gram Panchayat would not cease to be juristic persons and thus property vesting in Gram Panchayat would continue to vest in Gram..........
Court Fees, Section 7(iv)(c), Article 1 - - Main prayer in suit that gift-deed illegal, void and as the result of fraud and misrepresentation - Suit in substance for cancellation of gift-deed or alternatively for declaring gift-deed void - Not a suit for mere declaration with consequential relief - Not covered under Section 7(iv)(c) - Governed by Article 1 of Schedule I...........
Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 1, Rule 1, 10, 13 -- Objection in written statement that suit liable to be dismissed because of no, impleading of State a necessary party - Application under Order 23 Rule 1 for withdrawing suit with permission to file a fresh one-Allowed since State a necessary party and suit against State..........
Civil Procedure Code, 1908, Section 80 -- Want of notice - A technical defect - Provisions of Section 80 express, explicit and mandatory and admit of no implications or exceptions...........
Punjab Security of Land Tenures Act, 1953, Section 14A(iii) -- Tenant moved application under Section 14-A(iii) for deposit of rent during pendency of proceedings in suit filed by landlord for recovery of rent - Stay of proceedings - Application for deposit of rent subsequent to filing of suit for recovery of rent - Proceedings on application by tenant under Section..........
Punjab Co-operative Societies Act, 1961, Section 26A -- Interpretation of - Envisages co-option to Committee of a Co-operative Society which has individuals as its members or, in other words, Primary Co-operative Societies - Words 'class of Societies' in sub-section (I) only refer to Primary Co-operative Societies and not to Central or Apex Co-operative Societies - No..........
Punjab Co-operative Societies Act, 1961, Section 15A(1) -- No Central Co-operative Society can have or has any individual members - Subsection (1) of Section 15-A injuncts Central Co-operative Society from having individuals as its member...........
Constitution of India, 1950, Article 226 -- Alternative remedy - Challenge to co option as Directors or Members of Managing Body or Committee of Central Co-operative Society - Objection that petitioner should be relegated to his remedy under Section 55 Punjab Co-operative Societies Act i. e. by assailing co-option and election through arbitration - Not tenable as..........
