Punjab Land Revenue Act, 1887, Section 158(2)(xvii), 111 -- Suit in Civil Court for possession by partition - Land situated within town (municipal area) - Jamabandi show land as ghair-mumkin - land not being used for agricultural purposes - Cannot be said that Civil Court has no jurisdiction - Application for partition before Revenue Officer - Cannot continue - Civil..........
Civil Procedure Code, 1908, Order 23, Rule 1, Limitation Act, 1963, Section 14(3) -- Withdrawal of earlier suit with permission to file a fresh suit on same cause of action by itself not sufficient to claim benefit of subsection (3) of Section 14 - Time spent in prosecuting earlier suit can be excluded under Section 14(3) if : (i) permission to withdraw suit granted on the..........
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1 - - Suit for declaration and permanent injunctio, Ex-parte ad interim injunction obtained - First suit allowed to be withdrawn on payment of costs - Second suit dismissed for no, prosecution - Third suit filed and ex-parte ad interim injunction obtained - Costs not paid - Court allowed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..........
