Land Acquisition Act, 1894, Section 18, 53 -- Death of claimant before reference made to the Court under Section 18 - Application filed in Court by legal representatives to be brought on record - Should be treated as under Order 1 Rule 10 Civil Procedure Code. Where the claimant had died before the reference was made to the Court under Section 18 of the Land Acquisition..........
Civil Procedure Code, 1908, Order 8, Rule 6 -- Scope of - Set off not claimed on the first date of hearing - Very strong case must be made out for condonation of delay - Defendant must prove compelling reason which prevented him - Court has to be satisfied that there was a really valid ground for not claiming set off at the first date of hearing. It will be observed from..........
Punjab Tenancy Act, 1887, Section 84 -- Revision - Issue of fact - Cannot be tried and determined by Financial Commissioner. It is well settled that the powers of the Financial Commissioner in revision are the same as the powers of the High Court under Section 115 of the Code of Civil Procedure. That is to say, an issue of fact cannot be tried and determined by the..........
Pepsu Tenancy and Agricultural Lands Act, 1955, Section 47 -- Order which could not be made under or in pursuance of the Act - Bar to jurisdiction not operative - Civil Procedure Code (5 of 1908), Section 9. It is well settled that the ouster of the Civil Courts jurisdiction is not to be readily inferred, and statutes which exclude such jurisdiction are to be construed..........
Civil Procedure Code, 1908, Section 99, Order 9, Rule 13 -- Ex - parte decree - Setting aside of - Defendant if can show that he was not duly served - Cannot be termed merely an irregularity in procedure not affecting the merits of the case - Court must set aside the ex - parte decree. If a defendant has not been properly served and an ex pane decree has been made against..........
Punjab Security of Land Tenures Rules, 1953, Rule 11, Punjab Security of Land Tenures Act, 1953, Section 9, 14A(ii), Punjab Tenancy Act, 1887, Section 85, 50, Punjab Tenancy Rules, 1909, Rule 10 - - Tenant ejected in execution of ejectment order during pendency of appeal - Application for restoration of possession after appeal accepted and case remanded - Tenant can be..........
Civil Procedure Code, 1908, Section 100 -- Finding of fact - Additional evidence allowed in lower appellate Court - Scope of second appeal not enlarged - Finding of lower appellate Court sacrosanct even where it has differed with Court of first instance - Sanctity of findings does not depend on concurrence of two subordinate Courts. There is nothing in Section 100 of the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204(2) -- List of witnesses - Though the wording of S.204(2) Criminal Procedure Code is mandatory, it is only in the nature of directory and non-furnishing of list of witnesses is only an irregularity which can be cured under Section 465 Criminal Procedure Code...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Order of - Once the order for maintenance is passed against a wife under section 125 Cr.P.C., it becomes permanent liability of the husband to provide such maintenance to the wife so long as she is alive and is otherwise not disentitled as a result of happening of any event contemplated under section 125 Cr.P.C. -..........
Criminal Procedure Code, 1973, Section 125, 482, Constitution of India, 1950, Article 227 -- Maintenance - Revision dismissed by Sessions Judge - Second revision before High Court is barred - It requires very exceptional circumstances to warrant interference under Article 227 - Question of invoking jurisdiction under Section 482 does not arise...........
