Civil Procedure Code, 1908, Order 39, Rule 1, Civil Procedure Code, 1908, Order 43, Rule 1 - - Ad-interim injunction After hearing parties suit adjourned for hearing on merits - Direction to both the parties to maintain status quo-order not under order 39 rule 1 and not appealable...........
Punjab Pre-emption Act, 1913, Section 4, 2 - - Preemption suit on the ground of being co - sharer - Partition of land during pendency of pre - emption suit - Appeal against order of partition pending during pendency of pre - emption suit - Pre-emptor ceased to be co - sharer on the date of partitio, Not entitled to preempt being not a co - sharer on the date of decree...........
Civil Procedure Code, 1908, Section 115 -- `Case decided' - Meaning - Must affect rights and liabilities of parties - The word `Case' does not refer necessarily to the case as a whole but can include even a part of the case. Therefore, a decision on a part of the case is also revisable even though it does not dispose of the whole of the case. It is necessary, however, that..........
Punjab Pre-emption Act, 1913, Section 3(5)(a) - - Sale in execution of decree for specific performance of agreement to sell - Pre-emptible. Sale in execution of the decree for specific performance of the agreement to sell passed in favour of the vendees is pre-emptible. (1965 P. L. R. 74 Reiterated) (Para 5) The words in Section 3(5)(a) of the Punjab Pre-emption Act are..........
Punjab Co-operative Societies Act, 1961, Section 69, 68 -- Revision against the award - Competent - Remedy of revision taken away only where appeal lies to Registrar or Government. Under Section 69 of th"e Punjab Co-operative Societies Act, the remedy of revision has been away only in those cases where appeal lay to the Government or the Registrar. As against the award no..........
Punjab Security of Land Tenures Act, 1953, Section 17A -- Creates an absolute bar - Sale by owner in favour of tenant alongwith others - Interest of tenant should be determined - Land sold to tenant is exempt from pre - emptio, Rule that a pre - emptor by associating with himself a stranger reduces himself to the status of his co - vendees and thereby loses his..........
Punjab Pre-emption Act, 1913, Section 7, 16 -- Pre-emptor cannot succeed only on establishing his legal status of being a tenant - Must further prove existence of custom of pre - emption in the town or sub - division of the town in which property is situate - Section 7 is a kind of proviso to Section 16. The language of Section 7 of the Punjab Pre-emption Act shows that it..........
Civil Procedure Code, 1908, Order 3, Rule 4 -- Counsel's power to compromise - Even if not conferred by power - of - attorney - Advocate in India has got general powers to compromise - Client if does not want to give power to compromise to his counsel - Must specifically issue instructions to that effect Even if the power to compromise has not been conferred by the..........
Punjab Security of Land Tenures Act, 1953, Section 9(1)(i) -- Ejectment application in Form K1 - Landowner held to be small landowner for purposes of surplus proceedings as well as purchase application - Status of landowner in ejectment proceedings cannot be determined afresh - Revenue authorities in ejectment proceedings cannot hold the landowner to be big landowner on..........
Limitation Act,1963, Section 18 -- Limitation Act, 1908, Section 19 (Old) - Acknowledgment - No difference whether it is voluntary or required under any law. It makes no difference whether a person acknowledges his status voluntarily or he does so when he is required under law in a certain contigency to describe his status...........
