Punjab Security of Land Tenures Act, 1953, Section 2(3) -- Permissible area in case of displaced person - Area to be reckoned in terms of standard acreage...........
Punjab Minor Mineral Concession Rules, 1964, Rule 2, 22, 2(g), 2(j) -- Grant of mining contract by Government in favour of lessees, prohibits all other persons in the area of mining contract from carrying out any sort of work on minerals besides carrying away of the same - Rule 21(1)(ii) expressly envisages payment for use and occupation of surface area - Lessees have not..........
Civil Procedure Code, 1908, Order 18, Rule 2, Civil Procedure Code, 1908, Order 15, Rule 2 -- Right to lead evidence - Defendant who admitted claim of plaintiff - Entitled to lead evidence - Defendant supporting cause of plaintiff not debarred from leading evidence by any express or implied provision in Code of Civil Procedure - Order IS Rule 2 not applicable...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Issue of law on which evidence to be recorded (howsoever little) - Cannot be treated as preliminary issue - Issue of res judicata - Cannot be treated as preliminary issue even when only little evidence to be produced namely copies of judgment in earlier litigation between the parties, etc...........
Civil Procedure Code, 1908, Section 115, Order 14, Rule 2 -- Inter - Terence in revision when trial Court exercised its discretion - Trial Court allowed issue of res judicata to be treated as preliminary issue - Issue of res judicata could under no circumstances be treated as a preliminary issue - Order of trial Court either without jurisdiction or in excess of..........
Himichal Pradesh Abolition of Big Landed Estates and Land Reforms Act,1953, Section 2(5) - - True scope and meaning of expression "land" - Land to be covered by main part of definition in Section 2(5) must satisfy two conditions : (i) must not have been occupied as site of any building in a town or village, and (ii) must have been occupied or let for agricultural purposes..........
Himichal Pradesh Abolition of Big Landed Estates and Land Reforms Act,1953, Section 11(1), 2(5), 2(19) - - Right conferred by Section 11(1) exercisable in respect of "the land of the tenancy" held by a tenant - Word 'land" occurs in conjunction with words "of the tenancy" - Appropriate to determine real nature and character of land by ascertainment of true purpose of..........
Punjab Gram Panchayat (Common Purposes Land) Eviction and Rent Recovery Act, 1976, Section 2(a), 3 -- By virtue of provisions of Section 3, common purposes land as defined in Section 2(a) shall be deemed to be public premises for purposes of Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 - Two conditions must be satisfied before any land can be held..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 5, 4, 2, 3 -- Ejectment of person in unauthorised possession of shamilat deh land vested in Gram Panchayat - Application by Gram Panchayat under Sections 4 and 5 of the Act - Competent - Section 13-B of Punjab Village Common Lands (Regulation) Act does not expressly or by necessary implication..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Suit for declaration that plaintiff granted lease of fishing rights by Panchayat and permanent injunction restraining Panchayat from re-auctioning rights of fishing - Plaintiff highest bidder and his bid accepted by Panchayat and resolution recorded by Panchayat in his favour - No right accures to plaintiff - Bid never..........
