Punjab Village Common Lands (Regulation) Act, 1961, Section 13A -- as added by Haryana Act No. 34 of 1974 - Validity of - Challenge on the grounds: (i) procedure in Amendment Act impinged against provisions of Civil Procedure Code, and (ii) provision for different period of limitation than that provided in Limitation Act - Amendment Act got approval of President of India -..........
Civil Procedure Code, 1908, Section 115 -- Defendant has no right of revision against the decision of adequacy of court fee, unless it affects jurisdiction of the court - Held that `the defendant has no right of revision against the decision on adequacy of court-fees by the trial court unless it affects jurisdiction of the Court. He can do so only against an order passed..........
Civil Procedure Code, 1908, Section 153 -- Accidental slip or omission - Whether can be corrected if not due to courts error - If the mistake is an accidental mistake i.e. an accidental slip or omission in which, for instance, the plaintiff misdescribes the property claimed in the suit and thereafter gets a decree, it may be open to the defendant to say that if the..........
Punjab Tenancy Act, 1887, Section 84 -- Revision petition in forma pauperis - Competent - Civil Procedure Code (5 of 1908), Section 115.
Revision petition in forma pauperis is competent.
Since the Civil Procedure Code does not detail any procedure whatsoever regarding the filing and hearing of revision petitions, therefore, the point whether or not a revision..........
Punjab Land Revenue Act, 1887, Section 85, 88, 89 -- Pari materia with Order 21, Rules 84, 85 and 86 Civil Procedure Code - Nonpayment of entire balance within 15 days as prescribed under Section 88 - Sale is a nullity - Civil Court has jurisdiction to go into the matter - Civil Procedure Code (5 of 1908), Section 9 and Order 21 Rules 84, 85 and 86.
Sections 85, 88 and..........
Punjab Land Revenue Act, 1887, Section 158 -- Sale of land to recover arrears of land revenue - Revenue Authorities having no jurisdiction to recover the amount - Jurisdiction of Civil Court - Not excluded - Civil Procedure Code (5 of 1908), Section 9.
It is an established principle of law that if the act of the Authorities under any Act is without jurisdiction, then..........
Punjab Security of Land Tenures Act, 1953, Section 17A -- Takes away right of pre-emption where vendee is a tenant - Bars passing of decree for pre-emption against tenant-vendee - No appeal filed by tenant-vendee against decree for pre-emption passed by trial Court and first appellate Court - Appellate Court can pass any order as justice of case may require - Pre-emption..........
Civil Procedure Code, 1908, Section 115 -- Power under the section is supervisory power - Court is competent to call for the record and pass necessary order - Being a rare case this court should even act suo motu and pass suitable orders...........
Punjab Security of Land Tenures Act, 1953, Section 14A - - Rule 11, Punjab Tenancy Act (16 of 1887), Section 85 - Punjab Tenancy Rules, Rule 10 - Restoring possession of land - Notice and opportunity of hearing to parties concerned - Necessary - Even if possession obtained contrary to Law and Rules - Existing possession not to be disturbed without giving other party a..........
Civil Procedure Code, 1908, Section 96 -- Appellate interest interpreted - S.96 CPC deals with appeal from original decrees. It does not enumerate the persons who can file an appeal under the aforesaid section. It only lays down that an appeal shall lie from every decree passed by any court exercising original jurisdiction to the Court authorised to hear the appeals. It is..........
