Punjab Town Improvement Trust Act, 1922, Section 42(2) -- All provisions preceding provisions of Section 42 fall within sweep of provisions of sub-section (2) of Section 42 - Provisions of sub-section (2) of Section 42 a specific provision dealing with defects and irregularities in framing and sanctioning of Scheme...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Suit for specific performance - A third person claiming to be joint owner of subject-matter of dispute - Not entitled to be impleaded as a defendant - Strangers to contract making a claim adverse to title of vendor contending that they are co-owners of contracted property - Neither necessary nor proper party - Not entitled..........
Punjab Pre-emption Act, 1913, Section 15(1)(b) -- Sale by co-sharer of specific Khasra number out of joint Khewat - Deemed to be a sale of a share out of joint land - Preemptible under Section 15(1)(b)...........
Punjab Town Improvement Trust Act, 1922, Section 96 -- Filing of appeal on behalf of Trust - Resolution by Trust - Not necessary - Passing of any specific resolution by Trust not contemplated under the Act - Chairman himself competent to file appeal - No universal rule that every corporate body must act through resolutions passed by it in each and every case - Section 96..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 43A, 22 - - Part of land left from being entered in revenue record - Application after 17 years of consolidation proceedings - Competency of Consolidation Officer to make such correction - Section 43-A does not mention any specific Officer who can make necessary correctio, Refers to any..........
Injunction - - Suit for perpetual injunction restraining Gram Sabha from dispossessing by force plaintiff (occupying land as a statutory tenant) otherwise than in due course of law - Gram Sabha pleaded : (i) lease in favour of plaintiff expired by efflux of time, (ii) had no right to retain possession, and (iii) estopped from suing - Land did not vest in Gram Sabha but..........
Land Acquisition Act, 1894, Section 18 -- Filing of a written application within specific and prescribed period of time - Mandatory - To claim remedy under Section 18 - Statutory procedural requirements should be strictly fulfilled - In their absence no right flows therefrom - Court's direction to file a fresh application under Section 18 (irrespective of fact whether..........
Specific Relief Act, 1963, Section 16(c) -- Plaintiff to aver and prove that he has performed or was always ready and willing to perform his part of contract - Forms 47 and 48 of Appendix 'A' of Civil Procedure Code conform to Section 16(c) - Incumbent on plaintiff in a suit for specific performance to set out : (i) agreement in all its details, (ii) applied to defendant..........
Land Acquisition Act, 1894, Section 48 -- Abandonment of acquisition - Section 48 does not envisage any specific mode or manner of withdrawing acquisition proceedings - No rule or instruction prescribe a specific and solitary mode for withdrawal of acquisition proceedings - Section 48 does not talk of any notification - State Government can even independently of Section 48..........
Land Acquisition Act, 1894, Section 18 -- Reference for enhancement - Written application - Necessary - Statute provides for mode of assailing award, manner in which and to whom to be presented and ground on which it can be pressed, besides three specific periods of limitation - Without first holding that a written application under Section 18 for a reference duly filed..........
