Land Acquisition Act, 1894, Section 30, Civil Procedure Code, 1908, Section 9 -- Apportionment of compensation between owner and tenant - Reference of dispute - Jurisdiction of Civil Courts - Civil Courts have jurisdiction to try all suits of Civil nature except suits of which cognizance is either expressly or impliedly barred - Under Section 30 special remedy is provided..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Decision about marital status of a person by a criminal Court in a proceeding under Section 498-A of the Code does not have any bearing on a proceeding under Section 125 of the Code...........
Civil Procedure Code, 1908, Section 100, Punjab Courts Act, 1918, Section 41 -- 1976 Amendement of CPC - RSA filed in the year 1981 - No substantial question of law framed - After amendment of Section 100, Section 41 of the Punjab Courts Act has become redundant and repugnant to the Central Act, has to be ignored - Second Appeal to High Court only on a substantial question..........
Civil Procedure Code, 1908, Section 144, 151 -- Restitution - Construction raised in the garb of ad interim injunction - Thereafter suit dismissed for default - Removal of construction raised in the garb of ad interim injunction - Petition under section 144 is not maintainable unless there is any decree or order passed by a competent court of law which is either varied or..........
Civil Procedure Code, 1908, Section 94, 141 -- Appeal - Dismissed for default - Restoration application pending - Ad - interim injunction sought for - Restoration application falls within the meaning of proceedings as envisaged under section 141 - Section 94 CPC has no application to such proceedings - Court not competent to grant injunction - Under order 39 rule 1, 2 CPC...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 29 -- Dishonour of cheque - Power of Magistrate to impose sentence of fine exceeding Rs.5000/- - Accused convicted under Section 138 of N.I. Act - Magistrate can only impose a sentence of fine not exceeding Rs.5000/- - In view of provisions of S.29 Cr.P.C. imposition of penalty or fine of..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Transferee pendente lite - Impleadment - Principles governing : Firstly, for the purpose of impleading a transferee pendente lite, the facts and circumstances should be gone into and basing on the necessary facts, the court can permit such a party to come on record, either under..........
Arbitration and Conciliation Act, 1996, Section 9 -- Civil Procedure Code, 1908, Section 20 - Arbitration proceedings - Territorial jurisdiction - Recovery proceedings - Prime contract of which sub-contract forms part was executed at Delhi and part payments were also made in New Delhi - Besides, the restrain/attachment order is being sought in respect of respondent's money..........
Land Acquisition Act, 1894, Section 31, 53 -- Indian Contract Act, 1872, Section 59 & 60 - Code of Civil Procedure, 1908, Order XXI Rule 1 - Provisions of Section 28, 31 & 34 of the Land Acquisition Act and Order XXI Rule 1 CPC are inconsistent with each other - Section 53 of the Act excludes the applicability of provision of CPC, which are inconsistent with the provisions..........
Criminal Procedure Code, 1973, Section 173(2), 173(8) -- Further investigation - Quashing of Investigation & CBI investigation - FIR registered by Punjab Vigilance Bureau into the entire scandal of recruitment of 909 Panchayat Secretaries and investigation conducted by it and a report u/S.173(2) Cr.P.C. also submitted to the competent Court - Prayer for quashing of..........
