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So far phlaw has created 1621 blog entries.

October 2017

Eviction—Appeal against order—Non grant of stay as such by appellate authority and granting adjournment and delaying the stay proceeding is not justified—Irreparable loss would be caused to the tenant.

By | October 21st, 2017|Punjab Rent Act|

Comments Off on Eviction—Appeal against order—Non grant of stay as such by appellate authority and granting adjournment and delaying the stay proceeding is not justified—Irreparable loss would be caused to the tenant.

Evidence Act, 1872, S.34 & S.114–Bahi Entry-Adverse Inference-Recovery of Amount-Withholding of best evidence-Stand of the plaintiff was that money was obtained from the firm and he came to know that the entries in the regard were made in the account of the firm as well, therefore, the appellant/ defendants had every opportunity to produce his accounts to rebut the claim of the plaintiff

By | October 21st, 2017|Evidence - Civil|

Comments Off on Evidence Act, 1872, S.34 & S.114–Bahi Entry-Adverse Inference-Recovery of Amount-Withholding of best evidence-Stand of the plaintiff was that money was obtained from the firm and he came to know that the entries in the regard were made in the account of the firm as well, therefore, the appellant/ defendants had every opportunity to produce his accounts to rebut the claim of the plaintiff

Specific Relief Act, 1963, S.34-Suit for Declaration-Shifting of Electricity poles-­Blockage to passage leading to fields of plaintiff—Held; it seems the time of installation of electric poles the concerned authorities did not consult relevant revenue record and committed a serious mistake at the site

By | October 21st, 2017|Specific Relief Act|

Comments Off on Specific Relief Act, 1963, S.34-Suit for Declaration-Shifting of Electricity poles-­Blockage to passage leading to fields of plaintiff—Held; it seems the time of installation of electric poles the concerned authorities did not consult relevant revenue record and committed a serious mistake at the site

Suit for Recovery—Acquittal in dishonour of cheque case does not mean that the claim in civil proceedings ipso facto stands disproved.

By | October 21st, 2017|Specific Relief Act|

Comments Off on Suit for Recovery—Acquittal in dishonour of cheque case does not mean that the claim in civil proceedings ipso facto stands disproved.

Trial Court ought to have granted one more opportunity to lead evidence and ought not to have passed the order closing the evidence of the plaintiff-Ordered Accordingly.

By | October 20th, 2017|Evidence - Civil|

Comments Off on Trial Court ought to have granted one more opportunity to lead evidence and ought not to have passed the order closing the evidence of the plaintiff-Ordered Accordingly.

Punjab Land Revenue Rules, 1909, R.15–Lambardar–Appointment of–Non speaking order—Whether any act of the family members can be considered for disqualification

By | October 19th, 2017|Lambardari|

Comments Off on Punjab Land Revenue Rules, 1909, R.15–Lambardar–Appointment of–Non speaking order—Whether any act of the family members can be considered for disqualification

Maintenance and Welfare of Parents and Senior Citizens Act, 2007, S.22–Execution of Orders-Deputy Commissioner is empowered to direct the police authority to implement the orders passed under the Act—Senior Citizen would be entitled to take recourse to mechanism provided under the Act and Rules-Contempt petition is not maintainable.

By | October 19th, 2017|Senior Citizen|

Comments Off on Maintenance and Welfare of Parents and Senior Citizens Act, 2007, S.22–Execution of Orders-Deputy Commissioner is empowered to direct the police authority to implement the orders passed under the Act—Senior Citizen would be entitled to take recourse to mechanism provided under the Act and Rules-Contempt petition is not maintainable.

Amendment of Pleadings-Petitioner wanted to add one or more number of property in a suit for claiming of ownership over suit property on basis of adverse possession

By | October 19th, 2017|Amendment of Plaint|

Comments Off on Amendment of Pleadings-Petitioner wanted to add one or more number of property in a suit for claiming of ownership over suit property on basis of adverse possession

Partition—If part of the land sought to be partitioned is abadi, i.e. cultivable/ chahi, then the remedy to seek partition would vest with the Civil Court but not with the Revenue Court.

By | October 18th, 2017|Jurisdiction - Civil Court|

Comments Off on Partition—If part of the land sought to be partitioned is abadi, i.e. cultivable/ chahi, then the remedy to seek partition would vest with the Civil Court but not with the Revenue Court.

Counter Claim—A counter claim by defendant with respect to an independent property with which the plaintiff has no concern is not maintainable. Written Statement—Admission—It cannot be presumed that the content of the written statement to be a deemed admission.

By | October 17th, 2017|Counter Claim|

Comments Off on Counter Claim—A counter claim by defendant with respect to an independent property with which the plaintiff has no concern is not maintainable. Written Statement—Admission—It cannot be presumed that the content of the written statement to be a deemed admission.

Amendmentof Plaint- Impleadment of Necessary Party—Subsequent transferees-Most of the transfers were made during the pendency of the suit–These facts could not be in the knowledge of the plaintiff

By | October 17th, 2017|Amendment of Plaint|

Comments Off on Amendmentof Plaint- Impleadment of Necessary Party—Subsequent transferees-Most of the transfers were made during the pendency of the suit–These facts could not be in the knowledge of the plaintiff