Punjab Civil Services Rules, Volume II -- Provident fund - Nomination - Definition of 'family' - Mandatory injunction - Suit by legal heirs/brothers of deceased employee for payments of service benefit - Amount of Provident fund already paid much before the filing of suit to nominee who was nominated by the deceased - Suit for mandatory injunction not maintainable for..........
Hindu Law -- Joint Hindu Family Property - Partition - Suit for partition during life time of father/karta is not maintainable...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 13B, 2 -- Public street - Comes within definition of Shamlat Deh - Civil suit qua Shamlat Deh is not maintainable in view of S.13-B of the Act - Collector u/s 7 of the Act has the power to remove encroachment or illegal possession of the public street and put Panchayat in possession...........
Specific Relief Act, 1963, Section 34, 42 -- Suit for declaration - Land in possession of defendant upto the filing of suit - No record that defendant was dispossessed therefrom in accordance with law or that he delivered possession thereof - Once defendant is found to be in possession of the land, presumption is that he continued to be in possession thereof, until proved..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Consequential relief of mandatory injunction also claimed - Suit is maintainable even when consequential relief of possession is not claimed...........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Suit for possession - Suit property rented out by a person who was not authorised to rent out the property - Suit for possession is maintainable - Contention of tenant that he is protected by Rent Act and suit can only be filed under Rent Act - Contention repelled - Suit for possession decreed...........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Suit for possession - Suit property rented out by a person who was not authorised to rent out the property - Suit for possession is maintainable - Contention of tenant that he is protected by Rent Act and suit can only be filed under Rent Act - Contention repelled - Suit for possession decreed...........
Civil Procedure Code, 1908, Order 1, Rule 1, 2, Civil Procedure Code, 1908, Order 2, Rule 3 -- Joint suit - Maintainability - Each of the plaintiffs is owner/lease holder of a separate plot, flat or house - Each of the plaintiffs has entered into a separate contract with defendant - Demand raised from each plaintiff is a separate demand - Plaintiffs pray that a decree for..........
Civil Procedure Code, 1908, Section 80 -- Notice to State - State proper party - Maintainability of suit - Plaintiffs have not claimed any relief whatsoever against State - State was only a proforma defendant in suit - Plaintiffs had only prayed that defendant No.3 is the owner of suit land but defendants 1 & 2 are raising construction thereon - No relief was claimed..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Vacant land - Rent note did not specify the exact purpose for which it was let out - Property in fact used as coal depot i.e. principally for `business or trade' - Rent Act is applicable - Civil suit not maintainable...........
