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PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1985
Details

Civil Procedure Code, 1908, Order 41, Rule 1, 3 -- Appeal duly entertained without production of certified copy of decree-sheet - Neither memorandum of appeal rejected nor returned under Order 4l Rule 3 - Appeal cannot be dismissed subsequently on the ground that at the time of presentation of appeal the same not accompanied with certified copy of decree under appeal,..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1985
Details

Civil Procedure Code, 1908, Order 12, Rule 2A, 2, 3, 3A -- Rule 2-A introduced to make provisions of Rules 2 and 3-A more effective - Covers not only cases where a notice served by a party on the other party under Rule 2 but also those cases where Court directs a party to admit documents and it refuses or neglects to admit such documents - Rule 2-A provides that even if a..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1985
Details

Haryana Ceiling on Lands Holdings Act, 1972, Section 3(g), 26 -- Determination whether land falls within meaning of word 'land' in Ceiling law - Exclusively within domain of Prescribed Authority and hierarchy of Officers under Ceiling law - Jurisdiction of Civil Court to determine this question clearly barred by Section 26 - Prescribed Authority to determine it in the..........

SUPREME COURT OF INDIA

Year of decision: 1985
Details

Punjab Village Common Lands (Regulation) Act, 1961, Section 3, 4(i)(a)) - - Repugnancy with provisions of Administration of Evacuee Property Act, 1950 - Punjab Village Common Lands (Regulation) Act would prevail in State of Punjab in so far Shamilat Deh lands are concerned over Administration of Evacuee Property Act - Gram Sabha and Gram Panchayat Daba's case 1973 P. L. J...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1985
Details

Punjab Registration of Money Lenders Act, 1938, Section 2(9), 3 -- Determination whether a 'Money-Lender' - Plaintiff-firm carrying on business of Commission Agency - Loans advanced to producers who bring grains for selling through agency business of plaintiff-firm - Interest charged at the rate of 1 per cent to 1.5 per cent per month - For convenience of its customers..........

PUNJAB & HARYANA HIGH COURT FULL BENCH

Year of decision: 1985
Details

Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1953, Section 3 - - Alienation successfully challenged by reversioners - Declaratory decree converted sale of occupancy rights into mortgage and after death of alienor reversioners entitled to redeem land on payment of amount of sale consideration - Result of declaratory decree - Sale of occupancy rights held..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1985
Details

Civil Procedure Code, 1908, Order 23, Rule 3 -- Comes into play only if any decree to be passed on the basis of compromise - Application that suit be dismissed as withdrawn in view of compromise arrived at between the parties - Provisions of Order 23 Rule 3 not applicable - Compromise if any entered outside Court and on that basis suit to be dismissed - Application if..........

FINANCIAL COMMISSIONER HARYANA

Year of decision: 1985
Details

Haryana Ceiling on Lands Holdings Act, 1972, Section 3(f), 4 -- Second wife - Forms part of family - Revenue Officers to accept relationship as revealed in revenue record without going into its legality - No duty of Revenue Officer to conduct enquiry into status of second wife under Hindu Marriage Act - Land held by second wife - Will form part of holding of husband while..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1985
Details

Transfer of Property Act, 1882, Section 3 - - Deals with notice of previous sale to subsequent vendee - Enacted for benefit of subsequent vendee who happens to acquire property without knowledge of previous transaction - No connection with period of limitation regarding pre-emption suits - Limitation Act, Article 97...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1985
Details

Punjab Land Revenue Act, 1887, Section 3(8), 158(2)(xiv) -- Essential pre-requisite for holding Lambardar to be a 'defaulter' - Lambardar should have collected land revenue or any tax in lieu thereof but not deposited the same in Government Treasury - Suit by Lambardar in Civil Court challenging order for recovery of amount as arrears of land revenue on the ground that no..........

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