Comments Off on Denial—Appellant had been very evasive in denial with regard to the specific averments—Held; when the pleadings are evasive, vague and not in consonance with the provisions of Order 8 Rule 5 CPC, the pleadings in the corresponding paragraph are deemed to be admitted
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.
Comments Off on The plaintiff had earlier filed a suit claiming his right under the Hindu Succession Act and he could have taken the plea of promogeniture only in the first suit and the second suit could not have been filed-Therefore, the suit was also barred under Order 2 Rule 2 CPC.
Comments Off on Employees Provident Funds and Miscellaneous Provisions Act, 1952, S.7-A–Jurisdiction of Civil Court-Violation of the procedure prescribed under the Act will itself give a power to the Civil Court to examine whether the notice issued was competent or not
Comments Off on Haryana Urban Development Authority Act, 1977, S.17 &S.50-Resumption of Plot-Non-payment of installments in time-Order passed without giving opportunity of hearing-ln such cases, jurisdiction of Civil Courts is not barred
Comments Off on Civil Procedure Code, 1908, O.23 R.3-A–Compromise Decree-Bar to suit-In view of bar created under Order 23 Rule 3-A CPC, no suit shall lie to set aside the decree on the ground that compromise on which the suit was based was not lawful
Comments Off on Civil Procedure Code, 1908, O.23 R.1–Withdrawal of Suit-Mere fact that the defendant in the written statement has pleaded his ownership on the basis of sale deed executed in his favour by one of the co-sharers
Comments Off on Punjab Village Common Lands (Regulation) Act. 1961 — S.5–Gifting of Panchayat Land-Panchayat land can be gifted only with prior sanction of State Government and that too in favour of only Scheduled Castes and Schedule Tribes