Punjab Village Common Lands (Regulation) Act, 1961, Section 11(1) -- As in Punjab - Claims regarding right, title or interest in any land deemed to have vested or not so vested in Panchayat - Must be submitted to Collector within time prescribed under Rule 21-A - Collector to decide about title to property and not correctness of any order passed under Section 7...........
Redemption of Mortgages (Punjab) Act, 1913, Section 4, 9, 10 -- Collector while deciding dispute under the Act - Deemed to be a Court - Proceedings under the Act - Civil proceedings - Proceedings before Collector deemed to be civil proceedings in a Court - Collector dismissed application for redemption as not maintainable - Suit in Civil Co at for possession by redemption..........
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..........
Redemption of Mortgages (Punjab) Act, 1913, Section 12, 4 -- Suit challenging sale not to effect reversionary rights - Compromise that sale be cancelled, vendee be deemed mortgagee and land can be redeemed after 5 years - Decree granted in terms of compromise - Not usual declaratory decree that sale not to effect reversionary rights - Resultant effect of decree : no sale,..........
Punjab Gram Panchayat Act, 1992, Section 6(4B), Punjab Gram Panchayat Election Rules, 1960, Rule 6(3), 7, 8 -- Scope of - Postulates that a Panch or two Panches, as the case may be, belonging to Scheduled Castes, have to be discovered from amongst successful candidates and, if they are not found, then one candidate or two candidates, as the case may be, belonging to..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 2(c) -- Punjab University properties - Covered by provision of the Act - Punjab University continues to function under Punjab Reorganisation Act, 1966 and because of directions under Section 72(2) provisions of East Punjab University Act, 1947, applicable - Punjab University deemed to have been adopted..........
Defence of India (Requisitioning and Acquisition of Immovable Property) Rules, 1971 -- Rules 9 and 15 - No formal protest made when compensation accepted - Determination of compensation challenged by filing application under Rule 9 for referring matter to Arbitration - Compensation received thereafter - Cannot be said that compensation accepted without protest - Deemed to..........
Land Acquisition Act, 1894, Section 18, 3(c), 9, 11, 12, 16Waiver - - Civil suit challenging acquisition proceedings as null and void on the ground that Officer who conducted those proceedings not empowered to do functions of Collector. - Claimant received compensation fixed by Officer, reference sought under Section 18 in which enhancement made by District Court and..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Amendment of plaint in pre-emption suit - Impleading of a vendee as a defendant after expiry of period of limitation - All persons shown as vendees in Certified Copy of Sale Deed impleaded - No reason to suspect error in Certified Copy - No evidence to show that on date of suit..........
Limitation Act, 1963, Section 21(1) - - No corresponding provision in Section 22 of repealed Limitation Act, 1908 - Severity of law (under repealed Act when after institution of suit new plaintiff or defendant substituted or added, suit as regards him deemed to be instituted when so made a party) reduced by Proviso to Section 21(1) - Change in Section 21 made so that..........
