Punjab Land Revenue Act, 1887, Section 85, 88, 91, 158(2)(v), Civil Procedure Code, 1908, Section 9 -- Departure from procedure contained in Section 85 - Objections can be filed under Section 91 - Non-service of proclamation of sale on legal representatives of deceased defaulter - Falls within description of manner in which sale is conducted - Objection has to be raised..........
Punjab Tenancy Act, 1887, Section 77(3), 4(1), 4(5) -- Suit in Civil Court for possession of ghair mumkin land - Land given on lease already under a building - Does not fall within definition of 'land' - Lessee of such land does not fall within definition of tenant' - Civil Court jurisdiction to try suit - Not barred - Civil Procedure Code (5 of 1908), Section 9...........
Civil Procedure Code, 1908, Section 11 -- Earlier writ petition by Gram Panchayat challenging order passed under Section 42 Consolidation Act dismissed by detailed judgment - Subsequent writ petition by other right-holders who were not parties to those proceedings and had no opportunity of hearing - Bar of res judicata - Not applicable...........
Haryana Canal and Drainage Act, 1974, Section 25, 24 -- Unauthorised watercourse, restoration of - Canal Authorities have no jurisdiction under Section 24 - Restoration order without jurisdiction - Bar of Section 25 not applicable - Civil Court competent to go into the matter - Civil Procedure Code (5 of 1908), Section 9...........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42, Civil Procedure Code, 1908, Section 11 -- Earlier petition under Section 42 withdrawn and subsequent petition under Section 42 on the same cause of action - Bar of res judicata - Strict principles of Civil Procedure Code - Not applicable to proceedings under Section 42 of the Act...........
Haryana Ceiling on Lands Holdings Act, 1972, Section 8, 12(3) -- Land purchased under Section 18 Punjab Security of Land Tenures Act - Authorities under Haryana Ceiling Act ignored purchase and ordered utilisation - Suit in Civil Court for declaration and injunction against State and Authorities under Haryana Ceiling Act - Act of utilising land prima facie without..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13, 7, 2(g), Civil Procedure Code, 1908, Section 9 -- Suit in Civil Court for mandatory injunction directing defendant to remove encroachment upon part of street and restraining him not to interfere in enjoyment of street - Allegations of plaintiff controverted that property not shamilat deh - Suit for removal of..........
Land Acquisition Act, 1894, Section 30 -- Suit in Civil Court for declaration that plaintiff entitled to receive one-half compensation amount as his share on account of acquisition of lard in suit - Jurisdiction of Civil Court - Barred - Proper remedy - To approach Collector for a reference under Section 30 - Civil Procedure Code (5 of 1908), Section 9...........
Northern India Canal and Drainage Act, 1873, Section 30G, 30FF - - Suit in Civil Court for mandatory injunction for demolition of Khal challenging order of Canal Authorities about restoration of Khal under sub-section (3) of Section 30-FF - Objection of failure to exhaust remedy of appeal under sub-sectr:on (4) of Section 30-FF - No proper order under sub-section (3) of..........
Land Acquisition Act, 1894, Section 18, 50, 53 -- Land acquired for benefit of Company - Proceedings in Court of District Judge in a reference under Section 18 - Impleading of Company under Order 1 Rule 10 as a party to proceedings - Allowed - Civil Procedure Code (5 of 1908), Order 1 Rule 10...........
