Civil Procedure Code, 1908, Order 42, Rule 2 - - Mandatory - Appeal without a copy of trial Court's judgment - Incomplete. The reading of rule 2 of Order 42 of the Code of Civil Procedure as added by the High Court of Punjab shows that it is a mandatory rule and without a copy of the trial Court's judgment, the appeal is incomplete and therefore not an appeal in the eye of..........
Punjab Security of Land Tenures Act, 1953, Section 2(8) -- Ban jar Qadim land - Cannot be declared surplus - Point raised in revision - Financial Commissioner should go into the matter and decide on merits. The area which was Banjar Qadim could not legally be declared surplus. (Para 3) If the area was shown in the revenue records as Banjar Qadim, the onus lay on the..........
Punjab Agricultural Produce Markets Act, 1961, Section 2(a) - - Wool: synthetic or artificial - Not agricultural produce - Does not come within purview of the Act. When the term 'wool' is entered in the Schedule of the Act it means that type of wool which is a product of animal husbandry. Synthetic or artificial wool, which is a product of a chemical process cannot come..........
Punjab Agricultural Produce Markets Act, 1961, Section 2(a), 2(b), 2(c), 5, 12 -- Fruits grown outside the State - Sale of in market areas of the State - Imported fruits covered by definition of word 'agricultural produce' - Legislature competent to regulate sale, storage etc. of imported fruit under Section 5. Even imported fruits come within the definition of the words..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(viii) -- Person in possession of a part of shamlat deh without payment of rent on and before 26th January, 1957 - Must also prove that the land in his possession not in excess of his share in the shamlat deh. All that clause (viii) of Section 2(g) means is that any part of the shamlat deh assessed to land..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Tempo rary injunction - Only point to be determined - Whether or not plaintiff has prima facie case in his favour - Prima facie case if 4n favour of plaintiff - Entitled to temporary injunction during the pendency of suit. In an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure the only point to be..........
Punjab Land Revenue Act, 1887, Section 27, 2(a) -- Government may or may not confer all powers of the Collector of a District on a person - Notification conferring limited powers to hear appeals from orders and decrees of Assistant Collector 1st and 2nd Grades passed under Punjab Tenancy Act - All powers of Collector of the District not conferred - No jurisdiction to pass..........
Bengal Alluvion and Diluvion Regulation, 1825, Section 2, 3, 4, 20 -- Scope of - Dispute regarding land which emerged out of river - Estates of both parties on the same side of a river and not divided by a river - Custom has no application - Rules laid down in Bengal Regulation alone applicable. A custom laying down a rule which is different from that given in the Bengal..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Dispute about possession - During the pendency of suit in Civil Court correction of entries in Khasra Girdawaris - Not appropriate - Evidence adduced by parties before Revenue Authorities for correction of Khasra Girdawaris - To be assessed independently by Civil Court. Where the Civil Court granted the plaintiff a..........
Punjab Land Revenue (Surcharge) Act, 1954, Section 2, Punjab Land Revenue (Special Charges) Act, 1958, Section 3 -- Surcharge and Special Charges payable by a landowner who pays land revenue - Landowner granted muafi not liable to pay any revenue - Muafidar not liable to pay any surcharge under 1954 Act or special charges under 1958 Act - Punjab Land Revenue Act (17 of..........
