Punjab Pre-emption Act, 1913, Section 15(1)(a) -- Right of pre - emptio, Does not abate by death of pre - emptor - Can be exercised by his legal representatives. If the death of the pre-emptor takes place pending the second appeal then the substitution of legal representatives as representing the estate of pre-emptor is proper. (Para 3) The statutory right of pre-emption..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Restoration of possessio, Possession delivered under orders of Revenue Court despite stay ordered by Civil Court - Civil Court cannot order restoration of possession as Revenue Court is a Court of independent jurisdictio, Injunction cannot be ordered to Revenue Court. If a party had benefitted by disobeying an..........
Punjab Pre-emption Act, 1913, Section 11 -- Amount deposited or paid into Court by pre - emptor under the Act or Code of Civil Procedure - Not liable to attachment in execution of decree or order of a Civil, Criminal or Revenue Court or a Revenue Officer - Amount taken away against the provisions of Section 11 - Preemption suit cannot be defeated. Section 11 of the Punjab..........
Land Acquisition Act, 1894, Section 18 -- Landowner's application under Section 18 gave correct particulars of land but by mistake gave wrong number and date of award - Collector forwarding wrong award to the Court - Court can allow amendment under Order 6 Rule 17 of Code of Civil Procedure as long as Court was in seisin of the proceedings - Section 153 Civil Procedure..........
Land Acquisition Act, 1894, Section 18 -- Clerical or accidental error in landowner's application under Section 18 - Amendment of - Collector can allow - Civil Procedure Code (5 of 1908), Order 6 Rule 17. The Collector can allow amendment of original petition under Section 18 of the Land Acquisition Act...........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Defendant pleading possession of land as no, occupancy tenant - Finding of Court that defendant jointly with others in possession of land as a tenant - Nature of plea not changed - Punjab Security of Land Tenures Act (10 of 1953), Section 17 - A. Where it was contended that as the defendant had pleaded in the written statement..........
Civil Procedure Code, 1908, Order 21, Rule 32(1) -- Disobedience of decree for prohibitory injunction. The Court cannot invoke sub-section (5) to its aid (by appointing a Commissioner or by giving police aid to help the D.H. in execution the decree) in a case where there is no decree for mandatory injunction. Para 27)..........
Civil Procedure Code, 1908, Section 100, 115 -- Revision against order disallowing amendment of written statement dismissed by High Court - Order disallowing amendment of written statement can be attacked in second appeal. Where it was contended that since the revision petition against the order disallowing amendment of written statement had been dismissed by the High..........
Civil Procedure Code, 1908, Section 149 -- Scope of - Court has complete discretion - Mistake in calculation of Court fees if genuine or inadvertent but not intentional - Time for making good the deficiency in Court fees can be extended - Section 149 should be read as a proviso to Section 4 of Court Fees Act - Defect gets cured as from the date of filing alike for the..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Defendant made plaintiff or plaintiff made defendant - Covered by sub - clause (2) of Section 21 Limitation Act - Provisions of Section 21(1) Limitation Act not applicable - Limitation Act (36 of 1963), Section 21. If a plaintiff is made a defendant or a defendant is made a plaintiff, then by virtue of Section 21(2)..........
