Haryana Canal and Drainage Act, 1974, Section 25 -- Suit to restrain defendants from digging any part of plaintiffs land to make a Khal (drain) - Order passed under the Act after notices served on all persons by Canal Authorities - Civil suit not competent in view of Section 25 - Order can be assailed by filing appeal and revision as provided by statute - Civil Procedure..........
Punjab Co-operative Societies Act, 1961, Section 63, 55, 56, 68, 69, Civil Procedure Code, 1908, Section 47 -- Execution of Award made by Arbitrator under Sections 55 and 56 - Objections under Section 47 Civil Procedure Code that Award illegal, wrong, mala fide, capricious and without jurisdiction - Award does not contain reasons in its support- Not a nullity per se -..........
Civil Procedure Code, 1908, Section 35B, 115, Order 23, Rule 1 - - Suit for declaration and permanent injunctio, Ex-parte ad interim injunction obtained - First suit allowed to be withdrawn on payment of costs - Second suit dismissed for no, prosecution - Third suit filed and ex-parte ad interim injunction obtained - Costs not paid - Court allowed third suit to be..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13, 11, 2(g) - - Land shown in Jamabandi as Banjar Qadim in occupation of Gram Panchayat -Suit in Civil Court by Gram Panchayat for injunction restraining defendants not to obstruct user of land - Objection that as question of title has arisen jurisdiction of Civil Court barred - Not tenable - Gram Panchayat prima..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Statements of parties (containing terms of compromise) recorded by Court and duly signed by parties - Requirements of first part of Rule 3 adequately satisfied - Cannot be considered to be violating requirement of 'in writing and signed by parties' - Such signed statements covered by definition of document in Section 3..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint in pre-emption case - Plea that as a result of Supreme Court judgment in Atam Parkash's case 1986 P L. J. 191, change in circumstances and claim of superior right of pre-emption on ground of consanguinity being no longer available, pre-emptor should be allowed to amend plaint to introduce ground of..........
Punjab Municipal Corporation Act, 1976, Section 86, 84 -- Challenge to assessment and computation of house-tax - Objection of bar of jurisdiction of Civil Court - Important point to consider : whether what was sought to be challenged was something done "under the Act" or otherwise - Order if passed in violation of statutory provisions by Authority not duly constituted -..........
Land Acquisition Act, 1894, Section 18, 53 -- Dismissal in default of reference under Section 18 - Without jurisdiction - Liable to be restored in exercise of inherent powers - Court cannot dismiss reference case for default - A land acquisition reference case cannot be dismissed for default on no, appearance of claimant - Neither Order 9 Rule 8 read with Section 141 Civil..........
Civil Procedure Code, 1908, Section 100, 101 -- Letters Patent Appeal, Clause 10 - Powers of Division Bench hearing appeal from judgment of Single Judge in first appeal - Not limited only to a question of law under Section 100 Civil Procedure Code - Division Bench has same power which Single Judge has as First Appellate Court in respect of both questions of fact and law -..........
Civil Procedure Code, 1908, Section 10 -- First suit by V against D claiming a vacant piece of land setting up title to 3/4th as owner and remaining 1/4th by adverse possession - Second suit by D against V and his sister claiming partition of land - Previously instituted suit, matter in issue whether plaintiff V has become owner of 1/4th share of plot by adverse possession..........
