Land Acquisition Act, 1894, Section 18, 20, 53 -- Adding as a party to proceedings before Land Acquisition Court of a person whose name not mentioned in reference made by Collector - Competent - Provisions of Civil Procedure Code applicable to proceedings on reference under Section 18 - Land Acquisition Court can invoke its powers under Order 1 Rule 10 C. P. C. to add a..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Civil Court decree restraining Gram Panchayat from dispossessing petitioner from land in dispute - Inspite of it Gram Panchayat dispossessed petitioner in pursuance of order under Section 7 Punjab Village Common Lands (Regulation) Act - No warrant of possession can be issued to put back decree-holder in possession of land -..........
Punjab Land Revenue Act -- Proceedings under the Act - Procedure prescribed under the Act alone to be followed - Provisions of Civil Procedure Code cannot be invoked except in respect of cases as to title to property to be divided under Section 117 - Procedure applicable to Revenue Courts or Civil Procedure Code not applicable to proceedings before Revenue Officers under..........
Res judicata -- Once a cause adjudicated, not to be determined again - Rule of conclusiveness of judgment as to points decided after hearing the party of universal application - If this rule not applied, there would be no end to litigation and no security for citizens - Intended not-only to prevent a new decision on same cause but also inhibit fresh investigation so that..........
Punjab Security of Land Tenures Rules, 1953 -- Rule 11 - Proceedings under Punjab Security of Land Tenures Act - Defendant a minor - Duty cast on Revenue Officer to appoint guardian of minor-Sacred function of Court, be it Civil or Revenue, or a Tribunal, to safeguard interest of a minor in any pending proceedings - Order passed without appointing guardian of minor -..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 9 -- Appeal against eviction order - Notice under Section 7(2) challenged in Civil Court dismissed on the ground of no, service of notice under Section 80 Civil Procedure Code upon State - Not correct that appeal not maintainable on account of dismissal of suit...........
Civil Procedure Code, 1908, Section 35B -- Party defaulting in payment of costs on the date fixed for payment i. e. date next following the date of order of payment of costs - Issue not raised on that date by either of the parties or taken notice of by Court - Party defaulting not barred on subsequent date or dates from prosecuting suit or defence as the case may be -..........
Civil Procedure Code, 1908, Section 35B -- Mandates further prosecution of suit or defence a condition precedent on payment of costs - Defaulting party not allowed to take any further step or produce evidence - Does not mean that whatever is already on record before that date also wiped off as no, est or no, existent - Resultant effect of default on date next following..........
Punjab Municipal Act, 1911, Section 86, 61(1)(a) -- Challenge to imposition of house-tax on the ground that property stood outside municipal limits - Within jurisdiction of Civil Courts - Duty of Civil Court to enquire into the matter whether plea raised about jurisdiction f Authorities purporting to act under a statute, well founded or not - 'lea regarding location of..........
Limitation Act, 1963, Section 14 -- Court contemplated under Section 14 does not necessarily mean Civil Court under Code of Civil Procedure - Any Tribunal or Authority deciding civil rights of parties deemed to be a Court - No requirement of Section 14 that earlier proceedings should be in a Civil Court - Requirement that proceedings should be civil proceedings in a Court..........
