Court : Punjab and Haryana
Reported in : (2008)152PLR78
Jaswant Singh, J.1. This is a petition under Article 227 of the Constitution of India for setting aside the orders dated 15.9.2007 passed by the learned Civil Judge (Senior Division) Sonepat and dated 4.6.2008 passed by the learned District Judge, Sonepat, whereby the application of the petitioners under Order 39 Rules 1 and 2 read with Section 151 CPC for ad interim injunction against respondent No. 1/defendant Smt. Kailash Devi, from alienating the suit property or creating charge over it in any manner, whatsoever, during the pendency of the suit, has been dismissed. Further prayer is for grant of interim injunction restraining the said respondent for alienating the suit property during the pendency of the suit.2. The petitioners-plaintiffs, who are still minors, have filed a suit through their mother Smt. Rajesh wife of Pardeep as next friend against the respondents-defendants Smt. Kailash Devi and their father Pardeep Kumar for declaration with joint possession with consequential r...
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2008)152PLR577
Permod Kohli, J.1. The petitioners are the former elected members (Councillors) of Municipal Council, Moga having been elected from different wards in the last Election of the Municipal Council held on 9.3.2003. Petitioner No. 1 has served as Acting President. The tenure of the Municipal Council is five years in terms of Article 243-U of the Constitution of India read with Section 13 of the Punjab Municipal Act, 1911 (hereinafter referred to as 'the Act'). It is common case of the parties that five years' tenure of the Municipal Council, Moga expired on 21.3.2008. The Municipal Council has 31 wards in all. The process for election to constitute a Municipality is required to be completed before the expiry of the duration of five years or in case of dissolution before expiry of period of six months from the date of dissolution both in terms of Article 243-U of the Constitution of India and Section 13 of the Act. Relevant extracts from both these provisions are noticed here under:Constitu...
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